Civil © Administrative Code AN ACT PASSED BY THE LEGISLATURE OF NEBRASKA THIRTY-SEVENTH SESSION 1919 Published By DARUIS M. AMSBERRY Secretary of State Lincoln, Nebraska iw ‘ “y . Ss ee G OM .* ‘ . ‘ } “ny x + a * ' fe z= 7 3 - a : < “" r= = * 5: = ’ * His sASTS Ht Jacob North & Co, — Printers and Binders _ Lincoln, Nebr. 4 PN ee se AAA CIVIL ADMINISTRATIVE CODE Senate File No. 2. Introduced by Mr. Peterson, Mr. Saunders, Mr. Cordeal, Mr. Reed, Mr. Bushee. AN ACT to asopt (adopt) and establish a code of laws for the State of Nebraska relating to the civil government of the State and to provide for their administration and enforcement to be known as the Civil Administrative Code and to repeal Chapter 215, Laws of 1917. Sections 144, 146, 148, 149 and 151 of the Revised Statutes for 1913; Sections 145, 150, 152, 153 and 154 of the Revised Statutes for 1913 as amended by Chapter 10 of the Laws of 1915; Section 147 of the Revised Statutes for 1913 as amended by Chapter 2 of the Laws of 1917; Chapter 169 of the Laws of 1915; Sections 2653, 2655 to 2667 inclusive, 2669 to 2675 in- clusive, 2680 to 2709 inclusive, of the Revised Statutes for 1913; Sections 2654, 2668, 2676, 2677, 2678 and 2679 of the Revised Statutes for 1913 as amended by the Laws of 1917; Chapters 159, 160, and 161 of the Laws of 1917; Sections 3551 to 3563 inclusive, 3565 to 3641 inclusive of the Revised Statutes for 1913; Section 3564 of the Revised Statutes for 1913 as amended by the Laws of 1915; Sections 3137 to 3154 inclusive, 3156, 3157, 3158, 3159, 3161, to 3174 inclusive, 3176, 3177, 3179, 3180, 3182 to 3192 inclusive, 3194 to 3214 inclusive, 3216 to 3275 inclusive, 3277 to 3297 inclusive, 3299 to 3345 inclusive, of the Revised Statutes for 1943; . Seetions 3155, 3160, 3175, 3178, 3181, 31938,- 3215, 3276 and 3298 of the Revised Statutes for 1913 as amended by Laws of 1917; Chapters 79, 188 and 189 of the Laws of 1917; Sections 280 to 302 inclusive, 304 to 331 inclusive, Sections 333 to 356 inclusive, of the Revised Statutes for 1913; Section 303 of the Revised Statutes for 1913 as amended by the Laws of 1915; Section 332 of the Revised Statutes for 1913 as amended by the Laws of 1917; Chapter 165 of the Laws of 1917; Chapter 175, Laws of 1915; Sections 738 to 742 inclusive, 744 to 752 inclusive, of the Revised Statutes for 1913; Section 743 of the Revised Statutes for 1913 as amended by the Laws of 1917; Sections 485, 487, 489, 490, 492, 494, to 516 inclusive, of the Revised Statutes for 1913; Section 491 of the Revised Statutes for 1913 as amended by the Laws of 1915; Sections 486, 488 and 493 of the Revised Statutes for 1913 as amended by the Laws of 1917; Chapter 179 of the Laws of 1917; Sections 2500 to 2515 inclusive, of the 4.56522 ce Revised Statutes for 1913; Sections 5917, 5918, 5920 to 5922 inclusive, of the Revised Statutes for 1913 as amended by the Laws of 1917; Section 5919 of the Revised Statutes for 1913; Sections 2526, 2529 to 2531 inclusive, 2534 to 2541 inclusive, 2543, 2544, 2545, 2547, 2548, 2551, 2552, 2553, 2554, 2556 to 2569 inclusive, of the Revised Statutes for 1913; Sections 2532, 2542, 2549 to 2550 of the Revised Statutes for 1913 as amended by the Laws of 1915; Sections 2527, 2528, 2533, 2546, 2555 and 2537, Revised Statutes of 1913 as amended by the Laws of 1917; Sections 2570 to 2620 inclusive, Revised Statutes for 1913; Sec- tions 5759 to 5766 inclusive, Revised Statutes for 1913; Chapter 158 of the Laws of 1917; Chapters 192 to 193 of the Laws of 1915; Sections 3094 to 3109 inclusive, 3111 to 3115 inclusive, 3117 to 3134 inclusive of the Revised Statutes for 1913; Sections 3110 and 3116 of the Revised Statutes for 1913 as amended by > the Laws of 1917; Sections 7514 to 7523 inclusive, 7525 to 7530 inclusive, 7532, 7534 to 7546 inclusive, 7548 to 7557 inclusive, of the Revised Statutes for 1913; Sections 7531 and 7547 of the Revised Statutes for 1913 as amended by the Laws of 1915; Sec- tions 7524 and 7533 of the Revised Statutes for 1913 as amended by the Laws of 1917; Chapter 235 of the Laws of 1917; Sections 2737 to 2744 inclusive, 2717 to 2720 inclusive, 2722 to 2727 in- clusive, of the Revised Statutes for 1913; Section 2721 of the Revised Statutes for 1913 as amended by the Laws of 1917; Sec- ‘tions 2728 to 2736 inclusive, of the Revised Statutes for 1913; Sections 2745 to 2749 inclusive, 2751 to 2757 inclusive, of the Revised Statutes for 1913; Section 2750 of the Revised Statutes for 1913 as amended by the Laws of 1917; Sections 2758 to 2770 inclusive, and 2788 to 2794 inclusive, of the Revised Statutes of 1913; Chapter 197 of the Laws of 1915; Sections 2798 to 2801 inclusive, 2805, 2808, 2811 to 2814 inclusive, 2816, 2817 and 2820, of the Revised Statutes for 1913; Sections 2795, 2796, 2797, 2802, 2803, 2804, 2807, 2810, 2815 and 2818, of the Revised Statutes for 1913 as amended by the Laws of 1915; Sections 2829 and 2833, of the Revised Statutes for 1913; Sections 2830, 2831, 2832, 2834, 2835, 2836 and 2837 of the Revised Statutes for 1913 as amended by the Laws of 1915. Sections 2821 to 2828 inclusive of the Revised Statutes for 1913; Chapter 198 of the Laws of 1915; Sections 2771 to 2787 inclusive, of the Revised Statutes for ‘1913; Sections 5826 to 5837 inclusive, of the Revised Statutes for 1918; Chapter 183 of the Laws of 1915; Sections 9152 to 9171 inclusive, of the Revised Statutes for 1913; Sections 3369 to 8418 inclusive, 3420 to 3435 inclusive, 3437 to 3454 inclusive, 3456, of the Revised Statutes for 1913; Sections 3419, 3436, 3455, of the Revised Statutes for 1913, as amended by the Laws of 1915. Sections 1915 to 1921 inclusive, of the Revised Statutes for 1913; Sections 2978 to 2981 inclusive, of the Revised Statutes cea for 1913; Sections 2934, 2935, 2936, 2976, 2977 and 2982, of the Revised Statutes for 1913 as amended by the Laws of 1915; Chapter 54 of the Laws of 1915; Chapter 185 of the Laws of 1917; Sections 3043, 3048, 3049, 3050, 3052, 3053 and 3054 of the Revised Statutes for 1913; Sections 3044 and 3047 of the Revised Statutes for 1913 as amended by the Laws of 1915; Sec- tions 3045, 3046 and 3051, of the Revised Statutes for 1913 as amended by the Laws of 1917; Sections 796 to 805 inclusive and 807 to 811 inclusive, of the Revised Statutes for 1913; Section 806 of the Revised Statutes for 1913 as amended by the Laws of 1917 and Chapter 181 of the Laws of 1917, and to repeal all other acts or parts of acts in conflict therewith. TITLE I. EXECUTIVE DEPARTMENT ARTICLE I. GENERAL PROVISIONS. Be it Enacted by the People of the State of Nebraska: Section 1. Civil administration vested in governor.—The Civil administration of the laws of the state is hereby vested in the governor. For the purpose of aiding the governor in the execution and administration of the laws, the executive and administrative work shall be divided into the several depart- ments enumerated in Section 2 of this article. Sec. 2. Executive and administrative departments.—There are hereby created and established the following departments of the State Government. | The Department of Finance; ‘The Department of Agriculture; The Department of Labor; The Department of Trade and Commerce; The Department of Public Welfare; The Department of Public Works. Sec. 3. Departmental secretaries—To aid the governor in carrying out the constitutional duties, vested in him as the su- preme executive, each department shall have a departmental officer who shall be known as ‘‘Secretary’’, who shall, subject to the provisions of this act, and under the general direction of the ae governor, execute the power and discharge the duties vested by law in his respective department. Such officers shall be desig- nated as follows: The Secretary of Finance, for the Department of Finance; The Secretary of Agriculture, for the Department of Agri- culture ; 3 The Secretary of Labor, for the Department of Labor; The Secretary of Trade and Commerce, for the Department of Trade and Commerce; The Secretary of Public Welfare, for the Department of Public Welfare; The Secretary of Public Works, for the Department of Pub- lic Works. See. 4. Salaries of secretaries.—The Secretaries of the re- spective departments created by this article shall receive annual salaries in monthly or yearly periods as follows: The Secretary of Finance shall receive $5,000.00. The Secretary of Agriculture shall receive $5,000.00. The Secretary of Labor shall receive $5,000.00. — The Secretary of Trade and Commerce shall receive $5,- 000.00. The Secretary of Public Welfare shall receive $5,000.00. The Secretary of Public Works shall receive $5,000.00. Sec. 5. Assistants—appointment—salaries—terms, etc.—The governor shall, in each department, have power to appoint such deputies, assistants, employees and clerical help as shall be neces- sary or essential to the economical but efficient and proper en- forcement and administration of the laws of the State, and shall at the same time fix the salaries of such appointees and prescribe their duties. The governor shall also have power to discontinue the service of any such secretary or employee when, in his judg- ment, the same is not longer necessary. Such appointee may be required to serve in one or more departments and may be trans- ferred from one department to another from time to time as ef- ficient but economical administration shall require. The governor shall confer with the secretaries of the several departments and the secretaries shall make recommendations to the governor from time to time relative to appointments, services, salaries and duties of the appointees for their respective departments. In providing Syke ; for deputies, assistants, employees or clerical help, the total ex- penditures for the biennium shall not exceed the appropriation made by the legislature for said departments. Sec. 6. Secretaries and appointees to devote their entire time to office—Each secretary, and each appointee in each depart- ment, shall devote his entire time to the duties of his office and shall hold no other office or position of profit. No appointee in any of the departments shall be a relative of any of the secre- taries of departments created by this act. Sec. 7. Secretaries—appointed how.—EKach secretary of each department created by this act shall be appointed by the gover- nor, by and with the advice and consent of the senate. In any case of vacancy in such offices during the recess of the senate, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person so nominated who is confirmed by the senate, shall hold his office during the remainder of the term and until his successor shall be appointed and qualified. If the senate is: not in session at the time this act takes effect the governor shall make a temporary appointment as in case of a vacancy. Sec. 8. Same—term of office—Hach secretary whose office is created by this act shall hold office for a term of two years from the first Thursday after the first Monday in January next after the election of the governor and until his successor is ap- pointed and qualified unless sooner removed by the governor. See. 9. Same—oath of office—Hach secretary, deputy and assistant in each department created by this act shall, before entering upon the duties of his office subscribe and take the con- stitutional oath of office, which shall be filed in the office of the — secretary of state. See. 10. Same—bond.—Each secretary, deputy and assist- ant in each department created by this act shall, before entering upon the discharge of the duties of his office, give bond, with security to be approved by the governor, not less in any case than ten thousand dollars, conditioned for the faithful perform- ance of his duties, which bond shall be filed in the office of the secretary of state. As Sec. 11. Secretary make rules and regulations for depart- ment.—The secretary of each department is empowered to pre- scribe regulations, not inconsistent with law, for the government of his department, the conduct of its employees and clerks, the distribution and performance of its business, and the custody, use and perservation of the records, papers, books, documents and property pertaining thereto. Sec. 12. Department offices—branches.—Each department shall maintain a central office in the capital at Lincoln, Nebraska, in rooms provided therefor. The secretary of each department may, in his discretion and with the approval of the governor, establish and maintain, at places other than the seat of govern- ment, branch offices for the conduct of any one or more functions of his department. Sec. 13. Department offices—when open and close.—KHach department shall be open for the transaction of business at least from eight o’clock in the morning until five in the evening of each day except Sundays and days declared by statutory enact- ment or Proclamation of President or Governor to be holidays. Sec. 14. Official seal of department—Each department shall adopt an official seal. See. 15. Hours of labor.—All secretaries, deputies, assistants and employees in the several departments shall render not less than eight hours of labor each day, Saturday afternoon, Sundays and days declared by statutory enactment or proclamation of the President or Governor to be holidays excepted. Sec. 16. Leaves of absence.—EKach secretary and appointee in the several departments shall be entitled during each calendar year to fourteen days leave of absence with full pay. In special and meritorious cases where to limit the annual leave to fourteen days in any one calendar year would work peculiar hardship, it may, in the discretion of the Governor, be extended. Sec. 17. Payment for extra services—reports.—No secretary or employee in the several departments, employed at a fixed com- pensation, shall be paid for any extra services, unless expressly authorized by law. Each secretary of a department shall an- nually, on or before the first day of December, and at such other times as the governor may require, report in writing to the 202 governor concerning the condition, management, and financial transactions of his department. Sec. 18. Co-ordiation among departments.—The secretaries of departments shall devise a practical and working bases for co-operation and co-ordination of work, eliminating duplication and overlapping of functions. They shall, so far as practicable, co-operate with each other in the employment of help and the use of quarters and equipment. Sec. 19. Receipts by departments—paid to state treasury.— The gross amount of money received by every department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay, not later in any event than ten days after the receipt of the same, without any deduction on account of salaries, fees, costs, charges, expenses or claims of any description whatever. No money belonging to or for the use of the state shall be expended or applied by any department except in consequence of an appropriation made by law and upon the warrant of the auditor of publie accounts. Sec. 20. Supplies—how purchased.—Supplies for the several departments, except in cases of emergency and in the ease of perishable goods, shall be purchased in large quantities and con- tracts therefor shall be let to the lowest responsible bidder. Advertisements for bids for furnishing such supplies shall be published for at least three days in one or more English language newspapers, published in each of the five largest cities of the state determined by the then last preceding Federal census, and, also in one secular English language newspaper, selected by the department of finance by competitive bidding in the same manner as it is herein provided other contracts may be let, and designated | as an ‘‘official newspaper’’, which newspaper so selected shall continue to be the official newspaper for a period of one year from the time of its selection. The proposals shall be publicly opened on the day and at the hour and place mentioned in the advertisement and any and all bids may be rejected and when rejected a readvertisement shall be made in the manner above provided; providing that no specification prepared for proposals to bid as herein provided shall call for private brands or par- ticular manufacture. big hgh Sec. 21. Powers of departments—carrier reciprocal duties. —Whenever in this act power is vested in a department to in- spect, examine, secure data or information, or to procure assist- ance from another department, a duty is hereby imposed upon the department upon which demand is made, to make such power effective. Sec. 22. Powers—duties—rights, documents and property of existing offices to be transferred to department.— Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer, board, commission, institution or de- partment, or any deputy, inspector or subordinate officer thereof, are, by this act, transferred, either in whole or in part, to or vested in a department created by this act, such rights, powers and duties shall be vested in, and shall be exercised by, the de- partment to which the same are hereby transferred, and not otherwise, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof. All books, records, papers, documents, property, real and personal, unexpended appropriations and pending business in any way pertaining to the rights, powers and duties so transferred to or vested in a department created by this act, shall be delivered and transferred to the department succeeding to such rights, powers — and duties. Sec. 23. Reports—notices—papers—documents—to be given and served upon department heads—saving clause. Whenever reports or notices are now required to be made or given, or papers or documents furnished or served by any person to or upon any officer, board, commission, or institution or deputy, inspector or subordinate thereof, abolished by this act, the same shall be made, given, furnished or served in the same manner to or upon the department upon which are devolved, by this act, the rights, powers and duties now exercised or discharged by such officer, board, commission, or institution or deputy, inspector or sub- ordinate thereof. This act shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or eriminal cause before this act takes effect; but such actions or proceedings may tt be prosecuted and continued by the department having jurisdic- tion, under this act, of the subject matter to which litigation or proceeding pertains. Sec. 24. Investigations—power to administer oath, summon and compel the attendance of witnesses—EHach department -ereated by this act shall have power through its secretary, any deputy or assistant or employee, when authorized by the secre- tary, to make a thorough investigation into all the books, papers and affairs of any person, firm or corporation when in the judg- ment of such department such examination is necessary to the proper performance of its duties and the efficient enforcement of the laws, within the purview of its power and authority fixed by this act, in so doing to administer oaths and affirmations and to examine on oath or affirmation any person, officer, agent or clerk of any firm or corporation touching the matters which in the judgment of such department, ought to be inquired into and to examine and to summon and by attachment compel the at- tendance of any person or persons in this state to testify under oath before such department or its secretary or any deputy or any assistant or employees thereof in relation thereto. Sec. 25. Power of departments to administer laws assigned to them.—Except as otherwise provided by this act, each depart- ment shall have exclusive supervision, regulation and general control over the enforcement, execution and administration of the laws relating to the several subjects and matters assigned in this act to the departments respectively. _42- TITLE II. THE DEPARTMENT OF FINANCE. ARTICLE L. GENERAL PROVISIONS. Section 1. General powers.—The department of finance shall have power: 1. To prescribe and require the installation of a uneeta system of bookkeeping, accounting and reporting for the several departments ; 2. To prescribe forms for accounts and financial Ee and statements for the several departments ; . 3. To supervise and examine the accounts and financial reports and statements for the several departments; 4. To examine, at any and all times, into accuracy and legality of the accounts, receipts and expenditures of the public moneys and the disposition and use of the public property by the several departments ; d. To keep such summary and controlling accounts as may be necessary to determine the accuracy of the detail accounts and reports from the several departments, and to prescribe the manner and method of certifying that funds are available and adequate to meet all contracts and obligations; 6. To prescribe uniform rules governing specifications for purchases of supplies, the advertisement for proposals, the open- ing of bids and the making of awards, to keep a catalogue of prices current and to analyze and tabulate prices paid and quanti- ties purchased; 7. To examine, at any and all times the accounts of every private corporation, institution, association or board receiving appropriations from the legislature. 8. To report to the attorney general for such action, civil or criminal, as the attorney general may deem necessary, all facts showing illegal expenditures of the public money or mis- appropriation of public property. 4 (te 9, To examine and approve, or disapprove, vouchers, bills and claims of the several departments and such as are by law made subject to the approval of the governor and referred to it by the governor, and no voucher, bill or claim of any depart- ment shall be allowed without its approval and certificate ; 10. To prescribe the form of receipt, voucher, bill or claim to be filed by the several departments with it; | 11. In settling accounts of the several departments, to in- quire into and make an inspection of articles and materials furnished or work and labor performed, for the purpose of ascertaining that the prices, quality and amount of such articles or labor are fair, just and reasonable, and that all the require- ments, expressed and implied, pertaining thereto have been com- plied with, and to reject and disallow any excess; | 12. To prepare and report to the governor, when requested, estimates of the income and revenues of the state; 13. To publish, from time to time, for the information of the several departments and for the general public, bulletins of the work of the state government ; 14. To investigate duplication of work of departments, and the efficiency of the organization and administration of depart- ments, and to formulate plans for the better co-ordination of departments ; 15. To prepare and submit to the Governor biennially, not — later than the first day of February next after the election of the Governor a state budget. ARTICLE II. THE STATE BUDGET. Section 1. How prepared.—In the preparation of the state budget, the secretary of finance shall, not later than the 15th day of September in the year preceding the convening of the regular session of the legislature, distribute to all departments | and to all offices and institutions of the state government (in- eluding the elective officers in the executive departments and ineluding the University of Nebraska, and normal schools, and —14- the judicial department) the proper blanks necessary to- the preparation of the state budget estimate, which blanks shall be in such form as shall be prescribed by the secretary of finance, to procure, among other things, information as to the revenues and expenditures for the two preceding fiscal years, the appro- priations made by the previous legislature, the expenditures therefrom, encumbrances thereon, and the amounts unencum- bered and unexpended, an estimate of the revenues and expendi- tures of the current fiscal year, and an estimate of the revenues and amounts needed for the respective departments and offices for the two years next succeeding, beginning at the expiration of the first fiscal quarter after the adjournment of the legisla- ture. Each department, office and institution (including the elective officers in the executive and judicial departments and including the University of Nebraska and normal schools) shall, not later than the first day of November file in the office of the secretary of finance its estimate of receipts and expenditures for the succeeding biennium. Such estimate shall be accompanied by a statement in writing giving facts and explanation of rea- sons for each item of expenditure requested. The secretary of finance may, in his discretion, make further inquiries and inves- tigations as to any item desired. He may approve, disapprove or alter the estimates. He shall, on or before the first day of | January next after the election of the governor, submit to the governor in writing his estimates of revenues and appropriations for the next succeeding biennium. Sec. 2. Recommendation by governor based upon budget.— The governor shall, as soon as possible, and not later that (than) February first next after the submission to him of the estimates of revenue and appropriations by the secretary of finance, as provided in the preceding section of this act, submit a state budget, embracing therein the amount recommended by him to be appropriated to the respective departments, offices, and in- stitutions, and for all other public purposes, the estimated revenues from taxation, the estimated revenues from sources other than taxation, and an estimate of the amount required to be raised by taxation. Together with such budget the governor shall transmit the estimates of receipts and expenditures as re- ceived by the secretary of finance, of the eléctive officers in the == executive and judicial departments and of the University of Nebraska, and normal schools. Sec. 3. Departmental Estimates—lHach department, shall, before an appropriation to such department becomes available for expenditure, prepare and submit to the department of finance an estimate of the amount required for each activity to be car- ried on, and the accounts shall be kept and reports rendered showing the expenditures for each such purpose. ARTICLE III. PURCHASES AND SUPPLIES. Section 1. (Sec. 3, Ch. 215, Laws 1917) Purchase of printed and stationery supplies for state——Within thirty days after this act goes into effect, and on or before the 10th day of January, April, July and October of each year thereafter, the secretary of finance, shall receive from the officers of each and every de- partment of the state government and state institutions, all in- stitutions under the board of commissioners of state institutions, and all departments therein, all state officers and each and every department created by this act, excluding the State University and normal schools, an estimate of the probable amount and kind of stationery, blanks, blank books, circulars, folders, cata- logues, pamphlets, reports, and all other stationery or printed matter required by law to be contracted for by said departments, state officers and state institutions, for the biennium or any part thereof, and also an estimate of all office supplies, including rubber bands, pencils, pens, pen holders, ink, rubbers, typewriter supplies, typewriters and office stationery to be used during the period for which said estimate is made. Said estimate shall be in writing and shall specify in detail the kind, quantity and esti- mated cost of each of the different items mentioned and referred to in said estimate. The department of finance may require each institution or person filing said estimate to itemize in detail the amounts mentioned in said estimate. The department of finance is empowered to change or modify any of the above estimates in any manner which may appear to be for the best interests of the state. i | PB. Sec. 2. (Sec. 5, Ch. 215, Laws 1917.) Schedule for bids.— The department of finance shall prepare a blank schedule, upon which all bids shall be made, enumerating the probable number, kind, form, style, size and quality of paper to be used; the size and style of type, the quality and style of binding, design or monogram, and all other details entering into and forming a part of the goods to be furnished, and, when requested so to do, shall furnish any competent printer doing business in the state a copy of said blank schedule. Said schedule shall also contain an item- ized statement of the probable number, kind, form, style, size and quality of each article of office supplies and typewriter supplies to be used. Each bid shall be in accordance with the schedule and specifications and said department shall have power to require whatever bond, cash security or certified check from each and every bidder as it shall deem necessary to guarantee that the bidder will faithfully execute any contract he may be awarded. Sec. 3. (Sec. 6, Ch. 215, Laws 1917) Contracts.—As soon as practicable thereafter, it shall be the duty of the department of finance to give notice to the successful bidder that his pro- posal has been accepted, and he shall, within five days there- after, enter into contract with the state to furnish the same in accordance with the schedule and specifications. Should any bidder fail or neglect to enter into contract within the time herein specified, the contract shall be awarded in the same man- ner as herein specified to the next lowest and best bidder for the same kind of work, and in case any successful bidder fails to ful- fill the conditions of his contract, the department shall, through the attorney general, proceed to recover from said failing party and sureties whatever damages the state may have sustained through said failure. Sec. 4. (Sec. 8, Ch. 215, Laws 1917) Proof.—EHach success- ful bidder shall furnish the department of finance with a proof sheet in page form in rotation if desired, and upon the comple- tion of the contract shall deliver the printing, ete., to the depart- ment of finance or to such department officer, or to such depart- ment, officer or institution as the department of finance may direct and such delivery shall be made without cost to the state. oh ee Sec. 5. (Sec. 9, Ch. 215, Laws 1917) Payment on contracts.. —Upon completion of each contract for any particular job of work required under any provision of this act, payment therefor shall be made to the proper contractor at the contract price upon vouchers certified to as ‘‘correct’’ by the department of finance, in the same manner as other accounts against the state are paid, out of any funds appropriated for that purpose by the legislature. Sec. 6. (Sec. 10, Ch. 215, Laws 1917) Legislative supplies. —The contractor for the printing of the senate files and house rolls or any kind of printing in bill form shall deliver the same eompleted to the office of the department of finance within three days after receiving the copy of the same, and any failure on the part of said contractor shall render him liable for damages in the sum of twenty-five (25) dollars for each and every fail- ure, the amount to be deducted from his account on settlement. The contractor for printing and binding the laws shall deliver the same to the department of finance within sixty (60) days after the copy has been furnished, ant? the contractor for print- ing and binding the senate files and house rolls and journals shall deliver the same to the secretary within ninety (90) days _ after receiving the copy thereof. No contractor, however, shall be held accountable for any delay occasioned by holding proof sheets. Sec. 7. (Sec. 11, Ch. 215, Laws 1917) Department purchase all supplies.—Al1] stationery, office supplies and printing of every kind for any state officer, institution or organization not herein enumerated shall pass through the hands of and shall be pur- chased by the department of finance in the same manner as herein provided; except, however, when an emergency arises for the immediate’ furnishings of any stationery, office supplies or printing, the cost of which shall not exceed the sum of twenty- five (25) dollars, the department shall have the power, if, in its judgment, the same cannot be deferred, to furnish said station- ery, office supplies or printing at the lowest and best competitive price, at any time between the dates fixed in section 1 of this article for the letting of contracts; but no claim for any such supplies or printing shall be paid unless accompanied by a requisition from the state officer or institution ordering the same, together with the certified voucher as hereinbefore provided. uy Fee Sec. 8. (Sec. 12, Ch. 215, Laws 1917) Legislative supplies —Copy.—The clerks of the respective branches of the legislature shall each furnish each to the department of finance a copy of the bills, journals, memorials, documents, resolutions and all other matters ordered printed for the use of the legislature. Sec. 9. (Sec. 18, Ch. 215, Laws 1917) Same.—Immediately upon the adjournment of any session of the legislature the de- partment of finance shall carefully invoice and store away and preserve in a storage room especially provided for that purpose in the capitol all manner of legislative supplies then on hand, except fixtures in the respective legislative halls, a copy of said invoice to be filed with the secretary of state, which said copy shall be delivered to the speaker of the house at the following session, and all such supplies shall be preserved under lock for the use of the next legislature. See. 10. (Sec. 16, Ch. 215, Laws 1917) Legislative acts— department to publish.—It shall be the duty of the department of finance to classify and arrange for publication, the laws, joint resolutions, and memorials passed at each session of the legisla- ture. See. 11. (Sec. 19, Ch. 215, Laws 1917) Penalty for viola- ing an act.—Any person connected with or employed by any of the institutions or departments referred to in this title, who or- ders any of the articles mentioned or referred to in this title, or any person who shall violate any of the provisions of this title, shall be guilty of a misdemeanor and shall, upon convie- tion, he fined in any sum not exceeding one hundred ($100) dollars or be imprisoned in the county jail for a period not ex- ceeding three months, and a second: conviction in addition to the aforesaid penalty, shall be ground for removal from office of the person so convicted and the governor may direct the attorney general to proceed in quo warranto to oust said officer from office. All contracts entered into or orders given by any person or per- sons for any of the articles or items mentioned in section 1 of this title to be paid for-either directly or indirectly out of the funds of the state of Nebraska, are void and unenforceable, un- ~ less said orders or contracts are entered into in the manner pro- vided for in this title. , air = =”, . als, Fe ae ARTICLE IV. SUPERVISORY POWERS OVER TAXATION. Section 1. General Powers.—It shall be the duty of the de- partment of finance and it shall have power and authority :° 1. To have and exercise general supervision over the admin- istration of the assessment and tax laws of the state, over the eounty, precinct, township, city, and village assessors, boards of county commissioners, county boards of equalization, and all other boards of levy and assessment, to the end that all assess- ments of property, real, personal, and mixed, be made relatively just and uniform; to require all township and city assessors, county commissioners and county boards of equalization, under a penalty of forfeiture and removal from office as such assessors or boards, to assess all property of every kind and character at one-fifth of its actual and full cash market value. 2. To confer with, advise and prescribe the rule for as- sessors, boards of commissioners, boards of equalization and others obligated under the law to make levies and assessments, as to their duties under the statutes of the state. 3. To direct proceedings, actions and prosecutions to be in- stituted to enforce the laws relating to the penalties, liabilities and punishment of public officers, persons and officers or agents of corporations for failure or neglect to comply with orders of the department, or with the provisions of the statutes governing the return, assessment and taxation of property; and to cause complaints to be made against township, county, precinct, city and village assessors, county commissioners, county boards of equalization, or other assessing or taxing officers in the courts of proper jurisdiction, for their removal from office for official mis- eonduct or neglect of duty. 4. To require the attorney-general, or county attorneys in their respective counties, to assist in the commencement and pro- secution of actions and proceedings for penalties, forfeitures, removals and punishments for violations of the laws of the state in respect to the assessment and taxation of property, or to repre- sent the department in any litigation in which it may become in- volved in the discharge of its duties. lh) | i 5. To require township, precinct, village, city, county, state or other public officers to report information as to the assessment of property, collection of taxes, receipts from licenses, and other sources, the expenditures of public funds for all purposes, and such other information as may be needful or desirable in the work of the department in such form and upon such blanks as the department may prescribe; to make and prosecute such re- search and investigation as to the detailed properties of corpora- tions, and the business, income, reasonable expenditures and true values of the franchise and properties of all public-service corporations doing business in this state, as will result in a fair and equitable basis of assessing the same and making and recom- mending proper legislation to the legislature, from time to time, and to prescribe rules for the local assessing and taxing officers in making such assessments. 6. To require individuals, partnerships, companies, associa- tions, joint-stock companies and corporations to furnish informa- tion concerning their capital, funded or other debts, current as- sets and liabilities, value of property, earnings, operating and other expenses, taxes and other charges, and all other facts which may be needful or desirable to enable the department to ascer- tain the value and relative burdens borne by all kinds of property — in the state. 7. To cause the deposition of witnesses residing within or without the state, or absent therefrom, to be taken, upon notice to the interested parties, if any, in like manner as depositions of witnesses are taken in civil actions pending in the district court, in any manner which the department shall have authority ; to investigate and determine. 8. To investigate the work and methods of local assessors, boards of county commissioners and county boards of equaliza- tion in the assessment, equalization and taxation of all kinds of property. 9. To carefully examine into all cases where evasion of violation of the laws for assessment and taxation of property is alleged, complained of, or discovered, and to ascertain wherein existing laws are defective, or are improperly or negligently administered, and to prepare and recommend measures best eal- culated to remedy the defects discovered. Py ja 10. To investigate the tax systems of other states and coun- tries, and to formulate and recommend such legislation as may be deemed expedient to prevent evasion of assessments and tax laws, and to secure just and equal taxation and eee eo in the system of taxation in the state. 11. To inquire into the system of accounting and auditing public funds in use in townships, cities, counties, and state and to devise and prescribe a uniform system of auditing and ac- counting of the receipts and disbursements of public funds in ‘the municipalities of the state. 12. To transmit to each member of the legislature, thirty days before the meeting of the legislature, the report of the department covering the subject of assessment and taxation, the results of the investigations of the departments, its recommenda- tions for improvement in the system of taxation in the state, to- gether with such measures as may be formulated for the con- sideration of the legislature. 18. To require any county board of equalization, at any time after its adjournment, to reconvene and to make such orders as the department shall determine are just and necessary; to order and direct any county board of equalization to raise or lower the valuation of any class or classes of property; and generally to do and perform any act or to make any order or direction to any county board of equalization as to the valuation of any class of property in any county which, in the judgment of said department, may seem just and necessary, to the end that all property shall be valued and assessed in the same manner and to the same extent as any and all other property, real or per- sonal, required to be listed for taxation. 14. All proceedings taken and action had by the denice ment of finance in reference to taxation as in this Article pro- vided, shall be reported by said department to, and be subject to review by the State Board of Equalization. ie ee TITLE III. THE DEPARTMENT OF AGRICULTURE. ARTICLE L. GENERAL POWERS. 5 Section 1. Power enumerated.—The department of agricul- ture shall have power: ; 1. To encourage and promote, in every practicable manner, the interests of agriculture, including horticulture, the live stock industry, dairying, cheese making, poultry, bee keeping, forestry, fishing, the production of wool, and all other allied industries; 2. To promote methods of conducting these several indus- tries with a view to increasing the production and facilitate the distribution thereof at the least cost; 3. To collect and publish statistics relating to crop produc- tion, marketing and farm economies, the production and market- ing of beef, pork, poultry, fish, mutton, wool, butter, cheese and other agricultural products so far as such statistical information may be of value to the agricultural and allied interests of the State; to co-operate with the Federal Government in the matter of collecting such statistical information. Such department shall include in its publications the reports of agricultural, horticul- tural and like societies, and of live stock associations. Such published statistics shall be the official agricultural statistics of the state; 4. To encourage the planting of trees and shrubs and the improvement of farm homes generally; +. To produce and manufacture biological products to be distributed to live stock producers at the actual cost thereof; 6. To inquire into causes of contagious, infectous and com- municable diseases among domestic animals, and the means for the prevention and cure of the same; 7. To take all measures necessary for the preservation, dis- tribution, introduction and restoration of fish, game birds and other wild birds; . ae Hones 8. To see that live stock and stock yards, and other like places where live stock is confined, housed or fed, are properly eared for; . 9. To execute and enforce all laws relating to the inspec- tion of foods, drugs, dairy products, oils, commission merchants, cider and vinegar, oleomargarine and butterine, sanitation of premises used for manufacturing and preparation of foods, cold storage ware-houses, points, seeds, commercial feeding stuffs, live stock remedies, hotels and inns, weights and measures and commercial fertilizers, and from time to time promulgate such rules and regulations and adopt such standards of food products as are necessary and proper to enforce the provisions of this title. ARTICLE II. LIVE STOCK. Section 1. (S. 145) Duties—powers.—The department of agriculture shall be vested with the power and charged with the duties of protecting the health of live stock in Nebraska, of de- termining and employing the most effective means for the pre- vention and eradication of contagious and infectious diseases, of quarantining when necessary, and of regulating the arrival into, and departure from, and movement within the state of animals infected or exposed to infection or contagion. Sec. 2. (S. 153) Penalty for harboring diseased animals.— Any person who shall violate any quarantine regulation estab- lished by the department of agriculture or who shall knowingly harbor, or sell any animal afflicted with infectious or contagious disease shall, upon conviction, be fined not less than fifty ($50.00) dollars, nor more than one thousand ($1000.00) dollars for each offense. Sec. 3. (See Sec. 152 to 154) Diseased animals examined and appraised.— Whenever any horse, or mule shall be found, by any authorized agent of the department of agriculture, after inspec- . tion, to be afflicted with glanders or duraine, its value shall, within twenty-four hours thereafter, be determined by three ap- praisers, one of whom shall be selected by the secretary of agri- PAS culture, one by the owner of the horse or mule, and the third by — the two so selected. | Sec. 4. Killing diseased animals—compensation.—The owner of the horse or mule so afflicted shall, immediately after the de- termination of its value as in this article provided, kill the same, and, on presentation to the auditor of the state of Nebraska of evidence that the provisions of this article have been complied with, that the animal killed was at least one year old and had, in good faith been owned and kept within the state for one year, be entitled to reimbursement from the treasury of the state in the sum of two-thirds of the appraised value of such horse or mule but not to exceed $133.33 for any one horse or mule killed. Sec. 5. (Chap. 159, Sec. 1, 1917) Scabies cattle—shipping — prohibited.—No person shall ship, trail, drive or otherwise move, or allow to be moved, or allow to drive from one county in the state to any other county in the state, or to any other state, cattle which are affected with scabies, except as hereinafter provided. Sec. 6. (Chap. 159, Sec. 2, 1917) Same—quarantine.—The department of agriculture is hereby authorized to place in quar- antine any county, or part of any county, or any private premises, or private or public stock yards, where cattle affected with seabies are or have been kept, and hold such premises in quaran- tine until such eattle so affected have been properly treated or dipped and such premises thoroughly cleaned and disinfected. — The department is hereby authorized to prescribe rules and regu- lations which shall provide the method and manner in which such treatment or dipping, and such cleaning and disinfecting shall be done; and shall hire or secure such assistants or inspect- ors as may be necessary to supervise such treatment, or dipping and such cleaning and disinfecting. No cattle shall be trailed, shipped, driven or delivered to any transportation company for shipment to any place outside of such quarantined area unless such cattle have been inspected by an inspector of the Bureau of Animai Industry, or an inspector employed or authorized by the department to make such inspections, and when such eattle are found to be free from such infection. Affected cattle may, however, after being dipped once, be shipped to a market center, under quarantine, and there be slaughtered, or they may be ire al OR dipped again at the market ten days after the first dipping and shipped anywhere. Sec. 7. (Chap. 159, Sec. 3, 1917) Inspection—dipping.— Whenever any inspector or person employed or authorized by the department to make inspections for scabies in cattle, shall find eattle so affected, he shall at once notify the owner, or his agent and such owner or his agent or the person having possession of such cattle, shall treat or dip them if ordered by the department or its duly authorized agents, in the manner prescribed by the rules and regulations of the department, and approved by the Chief of the Bureau of Animal Industry of the United States. Such eattle shall be held in strict quarantine at a place pre- scribed by the department, until treated or dipped as required and the premises cleaned and disinfected, if such cleaning and disinfecting be deemed necessary by the department of agricul- ture. When any person in control of, or caring for such live stock shall fail or refuse to dip, or otherwise treat such cattle, or disinfect premises, at the time and in the manner prescribed or directed by the department, then the department shall have the power to call upon the sheriff of the county in which such live stock is found, and the sheriff, together with a representa- tive of the department, shall dip or otherwise treat such cattle in the manner and at the time directed by the department and the sheriff shall keep such cattle in his custody until they are treated or dipped. Such cattle may be held by said officer until the costs of such treatment or dipping are paid. Any officer who shall seize cattle for dipping or treatment shall be liable to the owner thereof for damages caused by his negligence. See. 8. (Sec. 4, Ch. 159, 1917) Violation—penalty.—Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in any sum not less than two hundred and fifty ($250.00) dollars nor more than five hundred ($500.00) dollars, or shall be confined in the county jail not less than thirty (80) days nor more than ninety (90) days, or both. See. 9. (Chap. 161, Sec. 1, 1917.) Hog cholera serum manu- facturer—sale regulated.—No person shail sell, barter or ex- change, carry, give away, ship or deliver for shipment hog cholera serum or virus within the state of Nebraska, unless such person shall hold an uncancelled, unexpired United States Gov- _26— ernment Veterinary License, issued by the United States De- partment of Agriculture, or a permit unexpired and uncaneelled, issued by the department of agriculture of Nebraska. Sec. 10. Hog cholera containers—labeling.—Each container of hog cholera serum or virus shall have thereon a label showing the name of the manufacturer, the date of its manufacture, and the date when its potency is regarded as uncertain, the date of sale and delivery, the name of purchaser and the name of the vendor. Sec. 11. Manufacture and distribution of serum—permit re- quired.—No person shall manufacture or distribute hog cholera — serum or virus in the state of Nebraska without first making ap- _ plication to the department of agriculture for and receiving a permit to transact such business. Sec. 12. Bond—permit issued.—If the department is satis- fied that the applicant possesses the requisite skill and upon his furnishing a bond in the sum of five thousand ($5,000) dollars, to be approved by the department, it may issue to the applicant a permit to sell hog cholera serum or virus, within the state for a period of one calendar year, or part thereof. ‘The department shall prescribe the standard of potency for hog cholera serum and virus. The permit may at any time be changed, or it may be revoked for cause. ; See. 13. Conditions of bond.—The bond of the applicant shall be conditioned that the applicant shall forfeit to the state of Nebraska the sum of one thousand ($1,000) dollars, and in addi- tion thereto the expense of collecting the same whenever upon Inspection, it shall be ascertained that any serum or virus, sold or used, or kept for sale or distribution or offered for sale by him, is below the standard of potency, prescribed by the depart- ment of agriculture. Sec. 14. Test of serum.—Section 9 shall not apply to per- sons, who have complied fully with the regulations and orders of the department of agriculture and shall have received a permit to sell serum or virus in this state and who have first, if re- quested to do so, submitted a sample of any serum or virus — offered for sale, and the department has, upon completion of the test of any serum or virus, found it to be of a standard degree utah a of potency, satisfactory to said department, and provided the department has issued a permit for such serum or virus to be sold within the state. Provided, that the department of agriculture may or may not test any such serum or virus, and may permit to be sold any serum or virus, without being tested by such department. Sec. 15. Blanks for reports by purchasers.—All persons selling serum or virus in this state, shall furnish purchasers a sufficient number of blanks on which to report the results of vaccination of all hogs treated, and report to the department of agriculture at the end of each month on forms to be prescribed by the department, all sales of serum and virus, the names and addresses of purchasers, and dates of shipment. See. 16. Record by persons administering serum.—Any per- son who shall administer hog cholera serum or virus, shall keep an accurate record showing the number of hogs vaccinated, for whom vaccinated, the name of the manufacturer, serial numbers, the number of hogs having over 104 degrees of temperature, the number of hogs visibly sick, the average weight of all classes vaccinated, the average dosage, the total amount of serum or — virus used, and the method of vaccination employed. drug, chemical or substance that does not belong to the apple in its natural state, nor manufacture for sale, sell or keep for sale, or offer for sale, any product or substance as cider or for cider anything other than pure apple juice. If adulterated cider is manufactured for sale, sold or kept for sale or offered for sale, the keg, cask, barrel or package shall be plainly marked ‘‘ Adul- terated Cider,’’ with the approximate proportion of each drug, chemical, or substance used in its contents. Sec. 2. (2580) Packages to be marked.—Every manufac- turer or producer of cider vinegar, when offering it for sale, shall plainly mark or brand the cask, barrel, keg or other package with his name and place of business and the words ‘‘Cider Vinegar,’’ and no person shall label or brand as cider vinegar or for cider vinegar any package which is not cider vinegar. Cider vinegar shall be construed to mean vinegar made exclusively from pure apple juice. See. 8. (2579) Vinegar.—No person shall sell as apple, orchard, or cider vinegar any vinegar not made exclusively of apple cider, nor any vinegar in which foreign substances, drugs, or acids have been introduced, or which upon proper test shall contain less than one and six-tenths per cent by weight of cider vinegar solids, upon full evaporation at the temperature of boil- ing water. | | Sec. 4. (2581 and 2582) Adulterated Vinegar.—Every per- son manufacturing for sale, keeping for sale, or offering for sale, any of the so-called grain vinegars, wine vinegars, or fruit vine- gars, shall place them on the market without artificial coloring, -with a brand or label on each barrel, cask or other package, clearly indicating the name and place of business of the manu- facturer and the name of the grain or fruit from which the con- 15 tents are made. All vinegar shall be made wholly from the fruit or grain from which it is represented that it is made and shall contain not less than four per cent by weight of absolute acetic acid. See. 5. (2583) Same—harmful chemicals.—No person shall manufacturer for sale or offer for sale, or have in his possession with intent to sell, any vinegar containing any preparation of lead, copper, sulphuric acid, or other substance or ingredients injurious to health. Sec. 6. (2584) Violation—penalty.—Any person violating any of the provisions of this article, shall be guilty of a misde- meanor and upon conviction thereof shall be fined in a sum not exceeding one hundred ($100.00) dollars or imprisoned in the county jail not exceeding three months. ARTICLE X OLEOMARGARINE AND BUTTERINE Section 1. Imitation butter and cheese defined.—F'or the purpose and within the meaning of this Article, every article, substitute or compound, other than that entirely produced from pure milk or cream from the same, made in the semblance of butter and designed to be used as a substitute for butter made from pure milk, or cream from the Same, is hereby declared to be imitation butter. Every article, substance, or compound other than that produced from pure milk, or cream from the same, made in the semblance of cheese and designed to be used as a substitute for cheese made from pure milk, or cream from the same, is hereby declared to be imitation cheese. Provided: The use of salt, rennet and other harmless coloring matter for color- ing the product of pure milk, or cream, shall not be construed to render such product an imitation. For the purpose and within the meaning of this Article, any person who in any manner produces imitation butter or imitation cheese shall be considered a manufacturer thereof. Any person who sells imitation butter or imitation cheese in packages or quantities containing ten pounds or more shall be considered a wholesale dealer thereof. Any person who sells imitation butter —76— or imitation cheese in packages or quantities containing less than ten pounds shall be considered a retail dealer thereof. Sec. 2. Shipping substitutes.—No person, firm, or corpora- tion or their agents or employees shall ship, consign, or forward by any common carrier whether public or private, any imitation butter or imitation cheese, unless such shipping box or package shall be durably and legibly marked with the words ‘‘Imitation Butter’’ or ‘‘Imitation Cheese’’ as the case may be, in Roman letters not less than one inch in height. Sec. 3. Imitations—notice of use.—No owner, manager, or employee of any place where food is served to the public shall offer, deliver or’serve in any way to any person therein, whether compensation therefor is received or not, any imitation butter or imitation cheese, having a yellow color or any shade of genuine yellow, or any imitation butter or imitation cheese, unless the person so served is notified either by a statement on each bill of fare or by distinctly legible printed signs or verbally at the time said imitation butter or imitation cheese is served. Sec. 4. Sale of imitations—license required.—No person, firm, or corporation or any agent or employee thereof shall ‘pro- duce, manufacture, or sell any imitation butter or imitation cheese, without first procuring a license from the department of agriculture. The fees charged for licenses shall be as follows: For each manufacturer of imitation butter or imitation cheese, $100.00; for each wholesale dealer in imitation butter or imitation cheese, $25.00; for each retail dealer in imitation butter or imi- tation cheese, $1.00. Each license shall expire on July first next after its issue and shall not be transferable. No license shall be issued for a less amount than the fee stated in this Section. Sec. 5. Violation—penalty.—Any person violating any of the provisions of this Act shall be deemed guilty of a misde- meanor and upon conviction thereof shall be fined not less than ten ($10.00) dollars and not more than one hundred ($100.00) dollars, or be imprisoned for not less than thirty (30) days, as the court may direct. oe gb fash ARTICLE XI SANITATION OF PREMISES USED FOR MANUFACTURE OR PREPARATION OF FOODS Section 1. (2598) Bakeries, creameries, dairies, etc.— Every building, room, basement or cellar occupied or used as a bakery, confectionery, cannery, packing house, slaughter house, dairy, creamery, cheese factory, restaurant, hotel, grocery, meat market or other place or apartment used for the preparation for sale, manufacture, packing, storage, sale or distribution of any food, shall be properly lighted, drained, plumbed and ventilated and conducted with strict regard to the influence of such condi- tion upon the health of the operatives, employees, clerks and other persons therein employed and the purity and wholesome- ness of the food therein produced; and for the purpose of this article the term ‘‘F'ood’’ as herein used shall include all articles used for food, drink, confectionery, or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof. See. 2. (2599) Storage rooms to be kept sanitary.—The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every establishment or place where food is manu- factured, packed, stored, sold or distributed, and all cars, trucks and vehicles used in the transportation of food products, shall at no time be kept in an unclean, unhealthful and unsanitary condi- tion and for the purpose of this article unclean, unhealthful and unsanitary condition, shall be deemed to exist if food in the process of manufacture, preparation, packing, storing, sale, dis- tribution or transportation is not securely protected from flies, dust, dirt and, as far as may be necessary by all reasonable means, from all other foreign or injurious contamination; and if the refuse, dirt and waste products subject to decomposition and fermentation incident to the manufacture, preparation, packing, storing, selling, distributing and transporting of food, are not removed daily; and if all trucks, trays, boxes, baskets, buckets and other receptacles, chutes, platforms, racks, tables, shelves and all knives, saws, cleavers and other utensils and machinery used in moving, handling, cutting, chopping, mixing, canning ay fe and all other processes are not thoroughly cleaned daily, and if the clothing of operatives, employees, clerks or other persons therein employed is unclean. See. 3. (2600) Kitchen, restaurant, bakery, kept sanitary. —The side walls and ceilings of every bakery, confectionery, creamery, cheese factory, hotel and restaurant kitchen, shall be brick, cement, plastered, wainscoated or ceiled with metal or lumber and shall be oil painted or kept well lime washed, and all interior wood work in every bakery, confectionery, creamery, cheese factory, hotel and restaurant kitchen, shall be kept well oiled or painted with oil paints or lime washed and kept clean, and every building, room, basement, or cellar occupied or used for the preparation, manufacture, packing, storage, sale or dis- tribution of food, shall have an impermeable floor made of cement or tile laid in cement, brick, wood or other suitable non-absorbent material which can be flushed, and washed clean with water. Sec. 4. (2601) Doors and windows screened.—The doors, windows and other openings of every food producing or dis-. tributing establishment during the fly season shall be fitted with self-closing screen doors and wire window screens of not coarser than fourteen mesh wire gauze. See. 5. (2602) Toilet rooms, lavatories, etc.—Hvery build- ing, room, basement or cellar oceupied or used for the prepara- tion, manufacture, packing, canning, sale, or distribution of food, shall have convenient toilet or toilet rooms, separate and apart from the room or rooms where the process of production, manu- facture, packing, canning, selling or distributing is conducted. The floors of such toilet rooms shall be of cement, tile, wood, brick or other non-absorbent material and shall be kept in a thoroughly clean and sanitary condition. Such toilet or toilets shall be furnished with separate ventilating flues, or pipes, dis- charging into soil pipes, or on outside of the building in which they are situated. Lavatories and wash rooms shall be supplied — with soap, water and towels and shall be maintained in a sani- tary condition. Operatives, employees, clerks, and all other per- sons who handle the material from which food is prepared, or the finished product, before beginning work or after visiting toilet or toilets, shall wash their hands and arms thoroughly in clean water. | | hg oN) Sec. 6. Cuspidors for the use of opera- \ tives, employees, clerks or other persons shall be provided when- | ever necessary, and each cuspidor shall be thoroughly emptied and washed out daily with disinfectant solution and five ounces of such solution shall be left in each cuspidor while it is in use. No operative, employee or other person shall expectorate on the floor or sidewalls of any building, room, basement or cellar where the production, manufacture, packing, storing, preparation or sale of any food is conducted. Sec. 7. (2604) Kitchen, etc., not used for sleeping.—No person shall be allowed to live or sleep in any room of a bake shop, kitchen, dining room, confectionery, creamery, cheese fac- tory or place where food is prepared, served or sold. See. 8. (2605) Diseased persons not employed. No em- ployer shall require, permit, or suffer any person to work, nor shall any person work, in a building, room, basement, cellar or vehicle occupied or used for the production, preparation, manu- facture, packing, storage, sale, distribution and transportation of food, who is affected with any venereal disease, smallpox, diph- theria, scarlet fever, yellow fever, tuberculosis, consumption, bubonie plague, asiatic cholera, leprosy, trachoma, typhoid fever epidemic, epidemic dysentery, measles, mumps, German measles (Rothein), whooping cough, chicken pox or any other teres ous or contagious disease. Sec. 9. (2606) Power and duty of agricultural depart- ment.—The department of agriculture, shall have authority at all times-to enter and inspect any building or part thereof occupied or used for the production, sale or distribution of food and to inspect all utensils or machinery used in production, sale or dis- tribution, and if upon such inspection the department shall find any violation of the provisions of this article or that food is being produced, sold or distributed in a manner detrimental to health, the department shall issue an order in writing to the person in charge of such production, sale or distribution to abate the con- dition or violation or to make such improvements. as may be necessary to abate such conditions, within a period of five days or such other reasonable time as may be determined by the department. —~80- See. 10. (2607) Non-compliance with orders—penalties.— Any person who shall refuse to comply with any lawful orders or requirements of the department of agriculture issued under the preceding section, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not more than two hundred ($200.00) dollars or imprisoned in the county jail not more than ninety (90) days and each day after the expiration of the time limit fixed by the order of the department for abating unsanitary conditions shall constitute a separate offense. © Sec. 11. Violation—penalty.—Any person violating any of the provisions of this article, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not exceeding one hundred ($100.00) dollars or imprisoned in the county jail not exceeding three months. ARTICLE XII COLD STORAGE WAREHOUSES Section 1. (2608) Definitions——The term ‘‘cold storage”’ as used in this article shall be construed to mean a place artifi- cially cooled to a temperature of 40 degrees F., or below, but shall not include such a place in a private home, nor any place having a refrigerating space of less than one hundred feet. The term ‘‘cold storage’’ as used in this article shall be con- strued to mean the keeping of ‘‘articles of food’’ in ‘‘cold stor- age’’ for a period exceeding sixty days. The term ‘‘articles of food’’ as used in this article shall be construed to mean and include all articles used for food, drink confection or condiment by man or animal, whether simple, mixed or compound. . Sec. 2. (2609) Cold storage warehouse—license. — Any person desiring to operate a cold storage or refrigerating ware- house, shall make application in writing to the department of agriculture for that purpose, stating the location of the plant or plants. On receipt of the application, the department shall cause an examination to be made into the sanitary condition of said plant or plants, and if found to be in a sanitary condition ge and otherwise properly equipped for the business of cold storage, the department shall cause a license to be issued authorizing the | applicant to operate a cold storage or refrigerating warehouse _ for and during the period of one year. All licenses shall expire on the 31st day of December of the year in which they are issued. The license shall be issued upon payment by the applicant of a license fee of five dollars to the treasurer of the state subject to the rules of the secretary of finance. See. 3. (2610) Unsanitary places prohibited—inspection.— In the event that any place or places, or any part thereof, covered by a license, under the provision of this article, shall at any time be deemed to be in an unsanitary condition, it shall be the duty of the department to notify licensee of such condition; and upon the failure of the licensee to put such specified place or places, or the specified part thereof, in a sanitary condition within a designated time, it shall be the duty of the department to pro- hibit the use under its license of such specified place, or part thereof, as it deems in an unsanitary condition until such time as it may be put in a sanitary condition. See. 4. (2611) Records—reports.—Every person licensed to operate a cold storage or refrigeration warehouse shall keep an accurate record of the receipts and the withdrawals of the articles of food, and such food stuffs as may have been previously held in storage, and an accurate record of the length of time of such storage and the department shall have free access to these records at any time. Every such person shall submit a quarterly report to the department setting forth in itemized particulars the quantity of food. products held in cold storage. Such quarterly reports shall be filed on or before the sixth day of January, April, July and October of each year, and the reports so rendered shall show the conditions existing on the first day of the month in which the report is filed. The department shall have the au- thority to require such reports to be made at more frequent intervals than the times herein specified, if in its judgment more frequent reports shall be needed in the interest of a proper enforcement of this article, or for other reasons affecting the public welfare. The reports herein required shall be verified and sworn to by some managing officer or agent of the cold stor- age plant or refrigerating warehouse. —82—. Sec. 5. (2612) Food—unsanitary.—No article of food in- tended for human consumption shall be placed in cold storage if diseased or tainted or deteriorated so as to injure its keeping qualities, or if not slaughtered, handled and prepared for storage in accordance with the pure food and sanitary food laws and such rules and regulations as may be prescribed by the depart- ment of agriculture for the sanitary preparation of food products for cold storage, under the authority hereinafter conferred. Any article of food, if intended for use other than human consump- tion, before being cold stored, shall be marked by the owner in accordance with forms prescribed by the department (under au- thority hereinafter conferred) so as to plainly indicate the fact that such articles are not to be sold for human food. Sec. 6. (2613) Inspection.—The department shall inspect and supervise all cold storage or refrigerating warehouses in this state, and make such inspection of the entry of articles of food therein as it may deem necessary to secure proper enforcement of this article. The department shall be permitted access to such establishments and all parts. thereof at all reasonable times for purposes of inspection and enforcement of the provisions of this article. 1 coal a aes Sec. 7. (2614) Containers—marking—recording.—All food, when deposited in any cold storage or refrigerating warehouse, shall be properly and securely packed in suitable containers and each container shall at the time of deposit be plainly, legibly and indelibly marked with a correct distinctive serial lot number of such deposit; said marking to be done under the direction of the operator of the storage so as to readily and certainly identify each item of deposit. Such serial number shall refer to proper records kept by said person licensed to operate said cold storage or refrigerating warehouse; and every such person shall Keep an accurate and full record of said serial lot number of such deposit, together with a complete record showing from whom said articles in storage were received, the number and kind of packages and kind of food, and the place in said cold storage or refrigerating warehouse where said goods are deposited, and shall keep an accurate and full record of the date of the receipts and with- drawals of such deposits and shall not remove said deposit from the place designated in said records without making a record = ‘* hy ben 83 \ <6 thereof. When such food is withdrawn from such storage or re- frigerating warehouse, each container thereof shall then in like manner be marked with the true dates of entry and withdrawal. Such markings shall be done under the directions of the operator of the cold storage or refrigerating warehouse so as to readily and certainly identify each article so deposited. Where the owner, of foods or operators of the cold storage or refrigerating warehouse shall desire to withdraw such goods for consignment and consumption without this state, such operator may deliver such goods to a carrier for shipment without the state without marking thereon the dates of entry and withdrawal as herein re- quired; but said operator shall keep an accurate record of all such withdrawals that are not so marked and make a full and complete report thereof to the department of agriculture. See. 8. (2615) Length of time in storage.——No person as owner or controllers shall keep in cold storage any article of food for a longer period than twelve months, except with the consent of the department of agriculture as hereinafter provided. The department of agriculture may, upon application, grant -permis- sion to extend the period of storage beyond twelve months for a particular consignment of foods, if the foods in question are found, upon examination, to be in proper condition for further storage at the end of twelve months. The length of time for which further storage is allowed shall be specified in the order eranting the permission. See. 9. (2616) Notice to purchasers.—No person shall sell, or offer or expose for sale articles of food which have been held in cold storage, without notifying persons purchasing or intend- ing to purchase the same that they have been so kept, nor repre- sent or advertise as fresh goods articles of food which have been held in cold storage. See. 10. (2617) Released food to be returned.—No person shall return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers; but nothing in this section shall be construed to prevent the transfer in good faith of goods from one cold storage or refrigerating warehouse to another. Sec. 11. (2619) Inspection fees.—The operators of. cold storage warehouses shall pay an annual inspection fee of (to) ae Pi the department of agriculture of ten dollars for each cold stor- age place having a refrigerator space of less than fifty thousand eubie feet, and twenty-five dollars for each storage place having a refrigerator space of fifty thousand cubic feet, and less than one hundred thousand cubic feet, and fifty dollars for each such storage place having a refrigerator space of one hundred thou- sand cubic feet or more. Sec. 12. (2618) Rules and regulations.—The department of agriculture may make rules and regulations to secure a proper enforcement of the provisions of this article including rules and regulations with respect to the sanitary preparation of articles of food for cold storage and the use of marks, tags, or labels, and the display of signs, and any person who shall violate any such rule or regulation shall forfeit his license to operate a cold stor- age warehouse, or the department may in its discretion suspend such license until the rules and regulations have been complied with. Sec. 18. Violation—penalty.—Any person violating any of the provisions of this article, shall, on conviction be fined in a sum not exceeding one thousand ($1,000.00) dollars or imprisoned in the county jail not exceeding three months. ARTICLE XIII PAINTS ' Section 1. (5761) ‘‘Paint’’ defined.—The term ‘‘paint’’ as used in this article shall include white lead, basie carbonate or sublimate in any kind of oil, or any compound intended for the Same use, paste or semi-paste, and liquid or mixed paint ready for use. | ee Sec. 2. (5759) Selling paint not true to label—penalty.— No person shall expose for sale or sell within this state any paint or linseed or flaxseed oil which is labeled or marked in any man- ner so as to tend to deceive the purchaser as to its nature or composition, or which is not accurately labeled as hereinafter required. Sec. 3. (5760) Label—what to show.—The label required by this article shall be printed in the English language, in clear, Bees legible type, and shall clearly and distinctly state the name and residence of the manufacturer of the paint, or the distributer thereof, or of the party for whom the same is manufactured, and show the name, and, with substantial accuracy, the percentage of each ingredient, both solid and liquid, contained therein. In case of paint, other than white paint, the ingredients other than the coloring material may be treated as one hundred per cent, and the label thereof shall state the name and percentage of each ingredients other than the coloring matter, and the description or trade name of such coloring material, and, with substantial ac- curacy, its chemical analysis, the quantity contained in the pack- age, which, in the case of liquid or mixed paints, shall be desig- nated in standard gallons or fractions thereof, and in the case of paste or semi-paste paints, such as are commonly sold by weight, the avoirdupois weight. Sec. 4. (5762) Linseed oil—test—how sold—No person shall manufacture for sale or offer or expose for sale any flaxseed or linseed oil, representing the same to be pure, unless the same answers all the chemical tests for purity recognized in the United States Pharmacopoeia; or any flaxseed or linseed oil as ‘‘pure boiled linseed oil’’ unless the same in the process of manufacture shall have been raised to a temperature of two hundred and twenty-five degrees Fahrenheit and contain not to exceed six per cent by weight of drier. See. 5. (5763) Linseed oil—how labeled.—No person shall sell, expose or offer for sale any flaxseed or linseed oil as pure except (by) its true name, and unless each tank ear, tank barrel, keg or any vessel of such oil has distinctly and durable painted, stamped, stencrled or labeled thereon the true name of such oil, in ordinary bold face capital letters, the words ‘‘pure linseed oil raw’’ or ‘“‘pure linseed oil boiled,’’ and the name and address of the manufacturer thereof or of the person for whom the same is manufactured, and the same shall be sold only under the brand of such manufacturer or person for whom the same is manufae- tured. Nothing in this article shall be construed as prohibiting the manufacture or sale of linseed oil compound, but if such com- pound is designed to take the place of linseed oil, it shall not be manufactured or mixed for sale, sold, offered, or exposed for sale under any title or designation conveying the impression, nepT either directly or indirectly, that it is pure flaxseed or pure lin- seed oil. All compounds of linseed or flaxseed oil shall when offered or exposed for sale under invented proprietary names or titles, bear conspicuously upon the containing vessel, in addi- tion to the label herein required, in capital letters, not less than five lines pica in size, the word ‘‘Compound.’’ Sec. 6. (5764) Possession of mislabeled paint or oil.— Possession by any person dealing in said articles, of any article or substances hereinbefore described not properly labeled, as provided in this article, shall constitute prima facie evidence that the same is kept by such person, in violation of the Bige visions of this article. See. 7. (5759) Violation—penalty.—Any person violating any of the provisions of this article, shall be fined in any sum not exceeding one hundred ($100.00) dollars or imprisoned in the county jail not exceeding three months. ARTICLE XIV SEEDS Section 1. (Ch. 158, 1917) Seed packages—labels—tre- quirements.—Every parcel, package or lot of agricultural seeds as defined in Section 4 of this article, containing ten pounds or more, offered or exposed for sale in the state of Nebraska, for use within this state, shall have affixed thereto in a con- spicuous place on the outside thereof, distinctly printed in the English language, in legible type not smaller than eight point. heavy gothic caps, or plainly written, a statement certifying: Ist. Name of seed. 2nd. Full name and address of the seedsman, importer, dealer or agent. 3rd. Whether seed is ‘‘Standard’’ or ‘‘Below Standard’’ as defined in Section 11 of this act. If the seed is ‘‘Below Standard,’’ the label must also indicate the per cent of purity, germination, foreign seeds and inert matter. 4th. Locality where seed was grown, when known, ne _37- Sec. 2. Seed analysis.—The department of agriculture shall as far as possible, cause to be made analysis of all agricultural seeds sold or offered for sale in this state. Said department is hereby authorized upon offering to the person entitled thereto the full value thereof, to take for analysis, a sample not exceed- ing four ounces in weight from any lot or package of agricul- tural seeds. Said sample shall be drawn or taken in the pres- ence of the party or parties in interest or their representatives, and shall be taken from a parcel, lot or number of parcels which shall not be less than five per cent of the whole lot in- spected, and shall be thoroughly mixed and divided into two samples and placed in carefully sealed containers and a label put on each stating the name and brand of the agricultural seeds sampled, the name of the party from whose stock the sample is drawn and the date and place of taking such sample, and said label shall be signed by the said department of agri- culture or its authorized agent or inspector; or such sample may be taken in the presence of two disinterested witnesses. One of such duplicate samples shall be left on the premises of | the party whose stock was sampled and the other retained by the department of agriculture for analysis and comparison with the certified statements required by law. Sec. 3. Same.—Any resident of this state may submit fair samples of seeds to the department of agriculture which shall, without charge, cause an analysis of the same to be made. Sec. 4. Seed defined.—The term ‘‘agricultural seeds,’’ as used in this article shall include the seeds of red clover, white clover, alsike clover, sweet clover, alfalfa, Kentucky blue grass, brome grass, timothy, orchard grass, red top, meadow fescue, cat grass, rye grass and other grasses and forage plants, rape and cereals. Sec. 5. Weed seed.—No person shall sell, offer or expose for sale or distribution in this state, for the purpose of seeding, any of the agricultural seeds as defined in the next preceding section,.if said seeds contain more than one in ten thousand of the seeds of the following weeds: Small flowered morning glory (Convolvulus arvensis), wild mustard or charlock (Brassica arvensis), quack grass (Agropyron repens), Canada thistle (Car- duus arvensis), wild oats (Avena fatua), corn cokle (Agrostemma SERRE githago) and all species of dodder (Custua spp.). If said agri- cultural seeds contain any of the above named weed seeds, the presence of such seeds must be indicated on the label specified in Section 1 of this article. Sec. 6. Same—label statements.—When seed that is claimed to bea single kind of agricultural seed, contains by weight two per cent or more of the seeds of a single species of weed, the name and per cent of each kind of foreign seed present to this extent must be plainly indicated on the statement affixed to the container of the seed. Sec. 7. Impurities defined.—In agricultural seeds ‘‘im- purities’’ within the meaning of this article shall consist of the following classes: 1. Foreign seeds, i. e., seeds of any agricultural seed other than the sample is claimed to be, or seeds of any weed. 2. ‘‘Inert matter,’’ i. e.; broken pieces of all seeds whatso- ever which are half or less than half of the original seed; bits of chaff, stones, stems or any other non-germinable material. When such impurities, or any of them, are present in agri- cultural seeds, sold, offered or exposed for sale in this state, for the purpose of seeding, in quantity exceeding the standard of purity and viability authorized in section 11 of this article, the name and approximate per cent, of each shall be plainly indicated in the statement specified in section 1 of this article. See. 8. Mixed or adulterated seed.— For the purpose of this article seeds shall be deemed to be mixed or adulterated when any seed of less commercial value is mixed to the extent of five per cent or more by weight with any agricultural seed of greater commercial value. Sec. 9. Misbranded.—For the purpose of this article seed shall be deemed to be misbranded when the seeds are not true to the name under which they are sold. Sec. 10. Seed to which act not applicable——The provisions concerning agricultural seeds contained in this article shall not apply to: 1. Any person growing or selling seeds for food purposes only, or having such seeds in possession for sale for such purposes. rake fl 2. The sale of seed that is grown, sold and delivered by any farmer on his own premises for seeding by the purchaser himself, nor the sale of seed by such farmer to merchants to be cleaned and graded before being offered for sale for the purpose of seeding, unless the purchaser of said seeds obtains from the seller at the time of sale thereof a certificate that the said seed is supplied to the purchaser subject to the provisions of this article. This shall not, however, exempt the seller from the restrictions of sections 5 and 6 of this article. See. 11. Standard of purity.—The following standards of purity (meaning freedom from ‘‘foreign seeds’’ and ‘‘inert mat- ter’’ as defined in section 7) and viability (germination) are hereby fixed. Credit shall be given in a germination test for one-third the hard seeds. Pereent of | Percent of Germinable Name of Seed Purity Seeds Mitdibae( MeECICALO Salva) wise 96 80 TAO EL Ore ULILM!): Neer is ie eee ele a 98 90 Blue Grass, Canadian (Poa compressa)............... 80 45 Blue Grass, Kentucky (Poa pratensis) .............. 80 45 Brome Grass, awnless (Bromis inermis )............ $0 es - Clover, alsike (Trifolium hybridum).....00000. 92 (5) Grover, red (Trifolium pratense) 4.....20 00. 92 80 Clover, white (Trifolium repens)... 90 75 Corn, kaffir (Andropogen sorghum)... 90 15 Corn, other than sweet (Zea mays).........00......... 99 89 Corn, sweet (Zea mays sacharata) wee 99 70 Fescue, meadow (Festuca pratensis)... 95 80 Pua eM aA UISITALISSIM UI) Yi 96 84 Feterita (Andropogen sorghum) wwe 90 75 Milo (Andropogen Sorghum) .0..o eee 90 75 Millet, common (Chaetochloa italica)....0. 90 80 Millet, hog (Panicum miliaceum) ....0WW ww. 90 80 RO oOALVON Ae RatIVa) acs Sere a 98 85 Oat grass, tall (Arrhenatherum elatius)............ V2 65 Orchard grass (Bactylis glomerata) ...000000000..... 70 65 Peer GC DULASSICE, TNADUS ) sche ee Mee 99 85 Hed £OD CASTOSIIS .alDa:) Asc nea 90 70 Rye (secale cereale) ons 98 85 Rye grass, perennial (Lolium perenne )............... 85 75 Rye grass, Italian (Lolium italicum) .....000 0. $5 cD Sorghum or Cane (Andropogen sorghum )...... 96 (as) Cane for foddev.......... Pe ER a Mintee Cer oe eee nee Nes og MO 90 55 —~90- Sudan grass (Andropogen sorghum )..............-... 90 80 Sweet clover, white biennial (Meliotus alba) 95 75 Sweet clover,. yellow biennial (Melilotus Ome ma lisy) Clue er Oi eR eee A ee 95 75 Timothy °CPhlewi:) pratense cis eee 95 80 Vetch) sand’ OVietasvillosa) oc oMS 2 ae 95 85 WiheatssCPriticiim); eee eee eet ae 98 85 See. 12. Penalties—Whoever: sells, offers or exposes for sale any of the seeds specified in section 4 of this article, which are mixed, adulterated or misbranded or any agricultural seeds which do not comply with Sections 5, 6 and 7 of this article, or who shall prevent or attempt to prevent the department in the discharge of its duty from collecting samples; or who shall vio- late any of the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred ($100.00) dollars and costs of prosecution. ARTICLE XV (Ch. 192, Laws 1915) COMMERCIAL FEEDING STUFFS Section 1. Commercial feeding stuffs—defined.—The term ‘Concentrated Commercial Feeding Stuffs’? as used in this article, shall include all feeding stuffs used for feeding live stock and poultry except whole unmixed seeds or grains, when not mixed with other materials, whole hays,’ straws and corn stover, and unmixed meals made from the entire grains of wheat, rye, oats, Indian corn, buckwheat or broom corn. Sec. 2. Name—weight—manufacture, etc., stated on pack- age.—Every lot, barrel, bag, pail, parcel or package of concen- trated commercial feeding stuff, as defined in section 1 shall have affixed thereto a tag or label in a conspicuous place on the outside thereof, containing a legible and plainly printed state- ment in the English language, in type as large as’ ten pom, clearly and truly certifying: 1. The net weight of the package. 2. The name, brand or trade mark under which the feed is sold. ; ‘ POT 3. The name and address, of the manufacturer, importer, dealer or agent. 4. The minimum percentum of crude protein, and crude fat, the maximum percentum of crude fiber, and the specific name of each ingredient used in its manufacture. The several constituents as named above shall be deter-, mined by the methods adopted by the Association of Official Agriculture Chemists of the United States. Sec. 38. Sample delivered to food commissioner.—Before any person shall sell, offer or expose for sale or distribute in this state, any concentrated commercial feeding stuff he or they shall file, when so requested, with the department of agriculture, a sealed glass jar or bottle containing not less than one pound of the feeding stuff to be sold, offered or exposed for sale or distributed in this state, accompanied with an affidavit that it is a fair average sample thereof and corresponds to the feeding | stuff which it represents. Sec. 4. Inspection—tax.—Every person manufacturing or selling any concentrated commercial feeding stuff, as defined in section 1 of this article shall pay to the department of agri- culture an inspection tax of ten cents for each ton of concen- trated commercial feeding stuffs sold, offered or exposed for sale or distributed in this state, and shall affix to or accompany each lot shipped in bulk, and to each parcel of such concen- trated commercial feeding stuffs a tag or stamp, to be furnished by the department of agriculture, stating that all charges speci- fied in this section have been paid. Whenever any concentrated commercial feeding stuffs as defined in section 1, are exposed or offered for sale in bulk or stored, the person keeping the same for sale shall keep on hand cards upon which shall be printed the statement required by the provisions of section 2; and when such feeding stuffs are sold at retail in bulk or in packages be- longing to the purchaser, the vendor shall furnish the purchaser with sufficient tax tags or stamps to cover the sale, and, upon re- quest, with a card or cards upon which appear the statement required by the provisions of section 2. No inspection fee shall be required for the sale of unadulterated wheat, rye and buck- wheat bran, nor, for the sale of wheat, rye and buckwheat shorts manufactured in this state. 29025 Sec. 5. Analysis.—The department of agriculture may take for analysis a sample from any lot or package of feeding stuffs not exceeding two pounds in weight. Said sample shall be taken in the presence of a person in interest or his representative and shall be taken from parcel lot or number of parcels which shall not be less than five per cent of the whole lot inspected. The sample so taken shall be divided into two parts placed in separate containers and carefully sealed and labeled. The label shall state the name or brand of the feeding stuff and the name of the person from whose stock it was taken, and the date and place of taking of sample.. The label shall be signed by the representative of the department of agriculture. One of the samples shall be left on the premises and the others shall be re- tained by the department for analysis and comparison of the certified statement on file with the department. Sec. 6. Purchaser may have analysis made.—Any person purchasing any concentrated commercial feeding stuffs in this state for his own use may submit fair samples thereof to the department of agriculture, which, upon receipt of an analysis fee of one dollar for each sample shall cause an analysis of the same to be made. See. 7. Unlawful acts.—No person shall counterfeit or use a counterfeit of any of the tags prescribed by this article, or use any tags or stamps a second time or prevent or attempt to prevent the department of agriculture, from collecting samples. Sec. 8. Violation—penalty.._Any person who shall violate any of the provisions of this article, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in a sum not exceeding one hundred ($100.00) dollars or be im- prisoned in the county jail not exceeding three months. ARTICLE XVI - (Ch. 193, Laws 1915) LIVE STOCK REMEDY Section 1. Live stock remedy, defined._The term ‘‘live stock remedy’’ as used in this article, shall be held to include all condimental feeds, medicated stock foods, medicinal stock OR. food, stock food tonics, stock powders, proprietary medicines, and all preparations of like nature designed for any animal, except man, to be administered internally for. their stimulating, invigorating, curative or other powers. Sec. 2. Hach package to be labeled of weight, ingredients, -etc.—Every barrel, bag, pail, parcel or package of live stock remedy as defined in section 1 of this article shall have affixed thereto in a conspicuous place on the outside thereof, distinctly printed in the English language in legible type, not smaller than eight point heavy gothic caps, or plainly written, a statement certifying : 1. The net weight or measure in the package. 2. The name, brand or trade mark under which the article is sold. 3. The name and address of the manufacturer, importer, dealer or agent. 4. The name and percentage of any poisonous or deleterious ingredient and the name and percentage of diluents or bases present. Sec. 3. Diluent or bases.—F or the purpose of this article the term ‘‘diluent’’ or bases shall include millfeeds of all kinds, elevator dust, linseed meal, earth, salt, sand, ashes, slacked lime, gypsum, tale, and other insert or non-medicinal ingredients. Sec. 4. Deceptive branding unlawful_—No ‘‘Live Stock Remedy’’ shall be labeled or branded so as to deceive or mis- lead the purchaser in any way, and the contents of any such package shall not be substituted in whole or in part for any other contents and no other material shall be substituted for the contents of any such package. Every statement, design or de- vice upon the label or package regarding the substances con- tained therein shall be true and correct, and every representation made for the feeding, condimental, tonic, or medicinal value, shall be true. — Sec. 5. Dealer to register.—No person shall offer or expose for sale any live stock remedy as defined in section 1 of this article, until he shall have registered each brand of live stock remedy offered for sale, with the department on blanks fur- OSES a Tat ee ae es 7 : On) Sow NG ey m , Ress _94_ nished by it, on which shall be stated a list of ingredients com- posing said remedy. A fee of $5.00. shall be collected by the department of agriculture for each brand registered. Sec. 6. Violation—penalty.—Any person who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor and on conviction thereof be fined in any sum not exceeding one hundred ($100.00) dollars or be imprisoned in the county jail not exceeding three months. ARTICLE XVII HOTELS AND INNS Section 1. (8111) ‘‘Hotel’’ defined—use of term—regis- tration certificate —Every building or other structure, kept, used, maintained, advertised or held out to the public to be a place where food is served and sleeping accommodations are offered for pay, to transient guests, in which five or more are used for the accommodation of such transient guests, and having one or more dining rooms or cafes where meals or lunches are served to such transient guests, such sleeping accommodations and dining rooms being conducted in the same building, and under the same management, together with any buildings in connection therewith, shall for the purpose of this article, be deemed a ‘‘hotel.’’? Such only shall have the right to use the name “‘hotel’’ in connection with their business, and, upon proper application, the department of agriculture shall issue to the person conduct- ing such business, a certificate of registration for a hotel. See. 2. (1812) ‘“‘Rooming House’’ defined—registration certificate Every building or other structure, kept, used, main- tained, advertised, or held out to the public to be a place where sleeping accommodations are furnished for pay, to transient or permanent guests, in which five or more rooms are used for the accommodation of such guests, but which does not maintain dining rooms or cafes in connection therewith, shall, for the purpose of this article, be deemed a ‘‘rooming house,’’ and shall not have the right to the use of the name ‘‘hotel’’ in econ- nection with such business. Upon proper application, the de- ee) Eyal partment of agriculture shall issue to the person conducting such business a certificate of registration for a rooming house. See. 3. (8113) ‘‘Apartment House’’ defined—registration certificate.— Every building or other structure, kept, used, main- tained, advertised or held out to the public to be a place where accommodations for sleeping rooms, either single or in suites for light housekeeping, or both, but where no dining room or cafe is maintained in the same building, or under the same man- agement, and where one or more families, or tenants aggregating twenty persons or more, occupy said building, together with any buildings in connection therewith, shall for this article be deemed to be an ‘‘apartment house,’’ and shall not have the right to use the name ‘‘hotel’’ or ‘‘rooming house’’ in connection with such business. Upon proper application, the department of agriculture shall issue to the person conducting such busi- ness a certificate of registration for an apartment house. See. 4. (8114) ‘‘Restaurant’’ defined—registration cer- tificate—Every building or other structure, kept, used, main- tained, advertised, or held out to the public to be a place where meals and lunches are served, without sleeping accommodations, ‘ together with all outbuildings in connection therewith, shall, for the purpose of this article, be defined to be a ‘‘restaurant”’ and upon proper application, the department of public welfare shall issue to the person owning such business a certificate of registration for a restaurant. See. 5. (8115) Registration Certificates—On or before July Ist in each year, every person engaged in the business of eonducting a hotel or restaurant, or both, or a rooming house or apartment house, shall procure a certificate of registration for each hotel, rooming house, apartment house or restaurant, ‘so conducted. One certificate shall be sufficient for each com- bined hotel and restaurant where both are conducted in the same building, and under the same management. Every certificate of registration shall expire on the thirtieth day of June, next follow- ing its issuance. No hotel, rooming house, apartment house ‘or restaurant shall be maintained and conducted in this state with- cut a certificate of registration therefor. No certificate of regis- tration shall be transferable. ; O6e See. 6. (Ch. 70, Laws 1917) Registration fees.—The regis- tration fee for each rooming house, apartment house, restau- rant or hotel having less than twenty sleeping rooms shall be two dollars, for hotels which contain twenty and not more than thirty sleeping rooms, the registration fee shall be three dollars, with an additional charge of one dollar for each additional ten rooms. Such fee shall be paid to the state treasurer under the direction of the department of finance before the certificate of registration is issued. Said certificate of registration shall be kept properly framed and in a conspicuous place in the office of said hotel, rooming house, apartment house, or restaurant. Said certificate of registration may be cancelled for cause by the de- partment of agriculture at any time. Sec. 7. (8117) Application blank.—The department of agriculture shall, upon request, furnish to any applicant for a certificate under this article the necessary blank which the appli- eant shall fill in, stating the full name and address of the owner and agent of the building, or both, the lessee and manager, together with a full description of the building and property to be used, and the location of the same. The application shall be accompanied by the registration fee. See. 8. (8120) Plumbing—lighting—ventilation—sanita- tion, etc.—Every hotel, rooming house, apartment house and — restaurant in this state shall be properly plumbed, lighted and ventilated, and shall be conducted in every department with strict regard to health, comfort and safety of the guests. Each sleeping room shall have at least one door, one window and a transom as wide as the door, leading into the hallway. No room shall be used for a sleeping room which does not open to the outside of the building or upon light wells, air shafts or courts. In each sleeping room there must be at least one window afford- ing easy access to the outside of building, light wells or courts. See. 9. (8121) Water closets.—In all cities and villages where water works and sewer system are maintained for public use, every hotel, rooming house, apartment house and restaurant therein operated shall be equipped with suitable and sanitary toilet facilities. All lavatories, bath tubs, sinks, drains, closets © and urinals in such hotels, rooming house, apartment houses or _97— restaurants must be connected by proper plumbing with the water and sewer systems. See. 10. (8122) Privies.—In all cities and villages not havy- ing a system of waterworks, every hotel, rooming house, apart- ment house or restaurant shall have properly constructed privies or over vaults to receive the night soil, the same to be kept clean and well screened at all times, and free from all filth of every kind. . Separate apartments, properly designated, shall be furnished for each sex. Sec. 11. (8128) Washroom.—Every hotel or restaurant in this state shall be provided with a main wash room, convenient and of easy access of (to) guests. See. 12. (8129) Towels.—All hotels and restaurants in this state shall furnish in the main public wash room, individual towels, in view and reach of the guests, and in each bedroom two clean towels, for each guest. Individual towels shall not be less than ten inches wide and fifteen inches long. See. 13. (3130) Sheets—pillow slips.—All hotels and rooming houses shall provide each bed, bunk, cot or other sleep- ing place for the use of guests with pillow slips and under and top sheets. Every sheet shall be not less than ninety-nine inches long and of sufficient width to completely cover the mattresses and spring. Sheets and pillow slips shall be made of white cotton or linen, and, after being used, shall be washed and ironed before they are used by another guest. | See. 14. (8131) Bedding material—vermin.— punomeree ee ae Seaton SMAI Marge Oc oOOL ARERR a | . 55 pounds Walnuts y: ube) ee hel he ee it ee ne pe a 50 pounds WY CE ames eee ie a tie cri, ee ete tt ee 60 pounds All root crops not specified above... . 50 pounds The net weight per barrel or bushel or divisible merchant- able quantities shall be as follows and no packages other than these sizes shall be permitted; wheat flour, per barrel, 196 pounds; per half barrel, 98 pounds; per quarter barrel sack, 48 pounds; per one-eighth barrel sack, 24 pounds; per one-six- teenth barrel sack, 12 pounds; per one-thirty-second barrel sack, 6 pounds; corn meal, per bushel sack, 48 pounds; per half bushel sack, 24 pounds; per quarter bushel sack, 12 pounds; per one- eighth bushel sack, 6 pounds; and per one-sixteenth bushel sack, 3 pounds. Nothing in this article shall be construed to prohibit the sale in other sized packages, of flour prepared for special purposes. ; Sec. 138. (Chap. 235, Laws 1917) Measurements of hay in stack.— Unless otherwise agreed to between the contracting parties the following shall constitute the legal method for measur- ing hay in the stack and determining the tonnage of same: The distance from the ground, against one side of the stack to the ground, against the other side of the stack, directly over and opposite, shall be taken in feet and inches; substract from this measurement the average width of the staek and divide by two to obtain the average height of the stack; multiply the width by the height and the result so obtained by the average length of the stack, which give the cubic feet of hay in the stack. Sec. 14. (7525) Contracts—sales—construed.— All con- tracts, sales or purchases hereafter made for work to be done, or for anything to be sold or delivered or done, by weight or by measure, within this state, shall be taken and construed in terms of and according to the standards of weights and measures adopted by this article, except where parties have agreed upon any other calculations or measurements; and all statements and representations of any kind referring to the weights or measures —103- of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights or measures aforesaid. Sec. 15. (7526) Dry commodities—how sold.—aAll dry commodities not otherwise specified in this article shall be sold only by standard weight, numerical count or linear or surface measure except where parties otherwise agree. See. 16. (7527) Berries—small fruit.—All sales of black- berries, blueberries, cranberries, currants, gooseberries, rasp- berries, cherries, strawberries, and similar berries, also onion sets in package of one peck or less, may be sold by the quart, pint, or half pint, dry measure; and all berry boxes sold, used, or offered for sale, within the state shall be of an interior capacity of one quart, pint or half pint, dry measure. Any berry boxes, not conforming to this section shall be confiscated by the inspector. See. 17. (7528) Milk—cream—bottles—liquid commodi- ties.— All milk or cream that shall be sold in bottles shall be sold only in bottles containing half pints, pints, quarts, half gallons or gallons. All liquid commodities shall be sold only by stand- ard liquid measure or: standard weight, except where parties otherwise agree. See. 18. (7529) Butter packages.—A print or package of butter shall contain sixteen ounces avoirdupois. Sec. 19. (Chap. 141, 1915) False weights and measures— penalty.—A person who uses a weight, measure, balance or meas- uring device that is false and does not conform to the author- ized standard for determining the quantity of any commodity or article of merchandise or sells or exposes for sale less than the quantity which he represents, or sells or offers for sale com- modities in a manner contrary to law, shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be fined in a sum of not less than five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. He shall also be liable to the injured party in double the amount of the property wrongfully taken or not given, to be recovered in any court of competent jurisdiction. The selling and delivery of any commodity or article of merchandise shall be prima facie eyvi- —10)4— dence of representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. There shall be taken into consideration the usual and ordinary leakage, evaporation or waste that there may be from the time the package is filled by the vendor until the selling of the same; a slight variation from the stated weight, measure or quanity for individual packages is permissable, provided this variation is as often above as below the weight, measure or quantity stated. Sec. 20. (Chap. 141, 1915) Proving weights and measures. —The department of agriculture shall try and prove weights, measures, balances and other measuring devices, used in trade by any person, corporation or institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as it shall make, it shall seal the same with a seal which it shall have and keep for that pur- pose. It shall at least once annually test all scales, weights and measures used in checking the receipts or disbursements or supplies in every institution for the maintenance of which moneys are appropriated by the legislature. See. 21. (7536) County sealer of weights and measures.— The county clerk of each county shall be the sealer of weights and measures for the county, and shall have the care and custody of the county standards. When not already provided he shall procure, when ordered by the county board, at the expense of the county, a full set of weights, measures, balances and measur- ing devices, which he shall cause to be tried, proved and sealed by the state standards under the direction of the department of agriculture. He shall maintain the standards and other ap- paratus under his charge in good order and repair and submit the same to the department of agriculture for verification when in the judgment of the department it seems necessary. Sec. 22. (7587) County and local standards.—Sets of standards for county and local sealers, if procured, shall include the following weights, measures, and balances, and they shall be © of a type approved for such use by the department of agricul- ture: One yard measure divided into feet and inches, and at least one of the inches divided into thirty seconds of an inch. —105- Dry capacity measures: One half bushel, one peck, one quart and one pint. Liquid capacity measures: One gallon, one quart, and one pint. Avoirdupois pound weights in the following num- ber and denomination: One fifty-pound, one twenty-pound, two ten-pounds, one five-pound, two two-pound, and one one-pound. Avoirdupois ounce and fractional ounce weight in the following number and denomination. One eight-ounce, one four-ounce, one two-ounce, two one-ounce, one one-half ounce, one one-quarter ounce, one one-eighth ounce, and two one-sixteenth ‘ounce. Twenty test weights each of fifty pounds for testing platform seales and other large scales, if the same are to be tested. One equal arm balance of capacity of fifty pounds to one-sixteenth of an ounce. Sec. 23. (7538) County—local sealers—inspectors—duties. —The several county and local sealers shall try and preve all weights, measures, balances and measuring devices when re- quested to do so, and when the same are found or made to con- form to the authorized standards they shall seal and mark such weights, measures, balances and measuring devices with a scale to be kept by them for that purpose. When any weight, meas- ure, balance or measuring device is found by the départment of agriculture to be false or untrue or not of an approved type, or not to conform to the standards, or which cannot be made to conform to the standards of the department of agriculture, the department shall condemn the same and mark it condemned in a conspicuous manner, and such condemnation mark shall not be removed or defaced except by authorization of the department - of agriculture. Sec. 24. (7539) County clerk—neglect of duty. — Any eounty clerk, who neglects to keep the standards under his charge in good order or repair, or who suffers any of them through his neglect to be lost, damaged or destroyed, or who fails to perform any of the duties imposed upon him herein, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars. Sec. 25. (7540) County co-operation.—Nothing in _ this article shall be construed to prevent two or more counties from combining in the use of one set of standards if agreed upon by —106- the county boards.in the counties concerned, and approved by ~ the written consent of the department of agriculture. Sec. 26. (7544) Municipal inspection.—Any city or muni- eipality in the state may establish a. department of public in- spection of weights and measures, and shall have power to ap- point a sealer and deputies and fix their compensation, and to pass such ordinances, not in conflict with the state laws, as may be deemed necessary; and if a city or municipality shall estab- lish such a department, it shall provide the sealer with suitable quarters, a set of standards as hereinbefore specified in this article, and all other equipment for the proper performance of his duties. All city and municipal standards shall be tried, proved and sealed under the direction of the department of agriculture, and shall be returned to it for verification at least once in every five years. Sec. 27. (7545) Immediate examinations.—The county or local sealer who may have reason to believe that any weight, measure, balance or measuring device used in trade is inaccurate, oc not according to the standard, shall have authority to make an immediate examination of the same and require that the same be tried and tested and conform to the standards herein required. Sec. 28. (7547) Compensation—fees—disposition—The de- partment of agriculture shall receive fees as follows: For in- specting and sealing; railroad track seale, ten ($10.00) dollars; each scale over twenty-one thousand pounds capacity not includ- ing railroad track scales, five ($5.00) dollars; each scale over four thousand pounds capacity up to and including twenty-one thousand pounds capacity, two ($2.00) dollars; each scale over five hundred pounds capacity up to and including four thou- sand pounds capacity, one ($1.00) dollar; each scale over two hundred pounds up to and including five hundred pounds capa- city, fifty cents (50c); each scale two hundred pounds capacity or less, twenty-five cents (25c); and for each automatic scale one ($1.00) dollar, and shall be entitled to collect from the owner or custodian of such scales herein mentioned an amount suffi- cient to cover the cost of transporting all necessary test weights to and from the location of said scales. For sealing or marking each beam, ten (10c) cents; for sealing or marking measures of extension, ten (10c) cents per yard or fraction thereof, not - —107— exceeding fifty (50c) cents for any one measure. For sealing or marking liquid or dry measures, ten (10c) cents for each measure. For sealing and marking each weight, five (5c) cents. He shall have a reasonable compensation for making weights and measures conform to the standards in his possession. The state sealer shall not require any fee from any county or city and all fees collected by the deputy state sealer or such part as is neces- sary shall be used in the proper enforcement of this act. The balance to be paid to the state treasurer and credited to the general fund. The inspection and sealing fees herein provided for shall be and constitute a lien on the weights, scales and measures inspected until said fees are paid and the deputy sealer may sue therefor in the name of the state. See. 29. (7548) Public Scales.—Scales may be erected in the State of Nebraska for public use at public expense. In counties under township organization, a township may at the annual meeting provide for the erection and determine the loca- tion and number of scales for the township and levy a tax to pay for the same. See. 80. (7549) Weighmaster.— When such scales are pro- vided for, the township board shall appoint a weighmaster, upon petition of the electors living in the immediate vicinity of the scales so located, who shall, under oath, promise to perform the duties of his office faithfully and honestly and the weighmaster so appointed shall continue in office until removed by the town- ship board or by resignation. Sec, 31. (7550) Scales—testing The township board shall from time to time, as in their Judgment seems necessary, test the scales as to their accuracy and properly adjust the same. Sec. 82. (7551) Disputes—Whenever disputes arise be- tween two parties, within the limits of the township where such scales are located, over the first weighing of any articles, the same shall be weighed a second time on the public seales, and the weighmaster’s receipt therefor shall be final. ‘See. 33. (7552) Fees for weighing.—The township board shall fix and regulate the fee or salary of the weighmaster and the fees if any for weighing. See. 34. (7553) Petitions for scales—Townships in coun- —108- ties under commission organization, desiring to adopt the pro- visions of the five next preceding sections, shall petition to the county board of such county, and where a majority of the elect- ors so petition, the same shall be granted. All duties and powers imposed upon township officers by said sections where counties are under township organization shall be performed by the county board of counties under commission organization. See. 35. (7554) Size of brick.—The standard size of brick sold in the State of Nebraska shall be eight and one-fourth inches long, four inches wide, and two and one-half inches thick. See. 36. (7555) Brick—selling.—No person shall sell any brick of any other size than that specified in the next preceding section, without, at the time of the sale, notifying the purchaser, in writing, of the size of such brick. Sec. 37. Coal, coke and charcoal—rules for sale of.—It shall be unlawful to sell or offer to sell in this state any coal, charcoal, or coke in any other manner than by weight. No person, firm or corporation shall deliver any coal, charcoal or coke, without each such delivery being accompanied by a delivery ticket and duplicate thereof, on each of which shall be in ink or other in- delible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivering vehicle, and the net amount in weight of coal, charcoal or coke contained in the cart, wagon or other vehicle used in such deliveries, with the name of the purchaser thereof and the name of the dealer from whom purchased. One of these tickets shall be surrendered by the person in charge of the load to the inspector upon demand, for his inspection, and a ticket or weight slip issued by the in- spector, when the inspector desires to retain the original, shall be delivered to said purchaser of said coal, charcoal or coke, or his agent or representative at the time of the delivery of the fuel; and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket, showing the actual number of pounds delivered must be given to the purchaser at the time delivery is made. The deputy sealer or any of his assistants, or inspector, are hereby empowered to compel the party or parties having charge of such coal, char- coal or coke to bring same on demand to a scale designated by the said deputy sealer or his assistant or inspector and weighed —109- for the purpose of proving the true net weight of the article or commodity. AA Sec. 38. Automatic pay scales—license for.—It shall be un- lawful for any person, firm or corporation by himself, or as the officer, servant, agent, or employe of any person, firm or corpora- tion to operate or use or display for use any scale or scales, known as money in the slot or automatic scale or seales or any weighing device, apparatus or machine, which is used or intended for use to determine the weight of any person or persons, where compensation is derived, or any public or custom seale for which a fee is charged or accepted for weighing, unless said seale or device is licensed by the deputy sealer. Upon payment of the license fee of three ($3.00) dollars, the deputy sealer shall issue a metal license tag bearing the words ‘‘Licensed by the Deputy Sealer of Weights and Measures, Nebraska, No.....0002..000000200...- ty each tag to be numbered consecutively and bear the year for which license is valid. The tag shall be displayed prominently on the front of the weighing device and the defacing or wrong- ful removal of such tag shall be deemed a misdemeanor. Ab- sence of the license tag shall be prima facie evidence that the weighing device is being operated contrary to law. No license shall be issued until the annual fee of three ($3.00) dollars is paid to the deputy sealer for each seale or weighing device operated or used. Any person desiring to secure said license shall make application therefor upon blank to be furnished by the deputy sealer. The deputy sealer may withhold or revoke any license for cause. All licenses issued under this Act shall expire De- cember 31st, of each year. See. 39. (7557) Violation—penalty.—Any person violating any of the provisions of the two next preceding sections shall, on conviction, be fined in any sum not less than one hundred dollars nor more than five hundred dollars. ARTICLE XIX. COMMERCIAL FERTILIZER Section 1. Labeling required—contents of label—That any person, firm or corporation, their agent or employe who shall offer, sell or expose for sale by sample or otherwise in the State —110- of Nebraska any commercial fertilizer or fertilizer material, the selling price of which is more than three dollars per ton, shall attach to each bag or package in a conspicuous place on the out- / side thereof or furnish to the purchasers of goods sold in bulk a | plainly printed certificate giving the items as listed below and > in the following order: 1. Number of pounds net in the package sold. 2. Brand name or trade-mark under which the package is sold. 3. Guaranteed chemical analysis stating the percentage of: a. Available Nitrogen as ammonia (NH3). b. Available Phosphoric Acid (P205). e. Potash (K20) soluble in distilled water. 4. A list of all materials used as ingredients. 5. Name of manufacturer, and location of principal office or state distributing office. Sec. 2. Samples furnished—license—fee.—Before any com- mercial fertilizer or fertilizer material is sold or offered for sale, the manufacturer or party who causes it to be sold or offered for sale within the State of Nebraska shall furnish a two (2) pound sample to the department of agriculture and shall file in its of- fice a certified copy of the certificate referred to in Section 1 of this article and shall pay to the department on or before May 1 of each year a license of twenty dollars for each brand of fer- tilizer offered for sale or sold within the State. Provided, that whenever the manufacturer or importer shall have paid the license fee herein required for any year, no other person shall be required to pay such license fee for that brand. Sec. 3. Powers of Department of Agriculture.—The depart- ment shall enforce the provisions of this article and may publish annually a report of all analysis made and certificates filed. The department shall exercise in the enforcement of this article, all the authority and powers now granted under the food, drug, dairy and oil laws of the State of Nebraska. The department is hereby authorized to take for analysis a sample from any lot or package of commercial fertilizer in this state not exceeding two (2) pounds in weight. —111- ° Sec. 4. Disposition of fees collected.—All fees collected by the department in the enforcement of this article shall be paid to the state treasurer and credited to the department, and the fees in his fund and the funds provided for the department, or as much as may be necessary, shall be set aside for the enforce- ment of this article. See. 5. Violation—penalty.—Any person, firm or corpora- tion, their agent or employe who shall offer or expose for sale or sell any commercial fertilizer in the State of Nebraska with- out complying with the provisions of this article or who shall use an analysis regarding any commercial fertilizer which shall be false as to the constituents named in Section 1 of this article, or who shall obstruct or interfere with the department in the discharge of its duties shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars for each offense. ARTICLE XX TUBERCULAR LIVE STOCK Section 1. Acceptance of federal appropriation. Assent is hereby given to the provisions of an act of Congress entitled, ‘“‘An Act making appropriations for the department of agricul- ture for the fiscal year ending June 30, 1919, approved October 1, 1918, and the good faith of this state is hereby pledged to provide sufficient funds in co-operation with and supplementary to payments to be made by the secretary of agriculture with respect to compensating the owner of tubercular cattle destroyed when in the discretion of said secretary of agriculture and the department of agriculture, it shall be necessary. Sec. 2. Bovine tuberculosis fund—appropriation.—For the purpose of carrying out the provisions of this article there is hereby appropriated out of the general fund of the State of Nebraska the sum of $75,000.00, or so much thereof as may be necessary. The funds herein appropriated shall be placed by the auditor of public accounts and the state treasurer to the credit of a fund to be known as the Bovine Tuberculosis Fund, and warrants not exceeding the amount herein appropriated shall —112- be drawn by the auditor upon certificates presented by the de- partment of agriculture, and warrants so drawn shall be paid by the state treasurer. Sec. 3. Testing cattle shipped into state——Hereafter all | cattle shipped into this state, except those shipped in for im-| mediate slaughter, and all cattle shown at the Nebraska State Fair, may in the discretion of the department be tested for the disease known as tuberculosis under rules and regulations which the secretary of agriculture and the department of agriculture ' shall from time to time prescribe; provided, however, in addition to the above test said department, may order a retest within sixty days after the original test. Sec. 4. Department to make rules, etc.—The department shall make necessary rules and regulations to carry into effect the purposes of this article, and any regulations so made shall be published in a newspaper, or in aS many newspapers as said de- partment may deem necessary, or they shall be posted in not less than five public places, and such publication shall be deemed legal notice to all persons. Sec. 5. Power to prohibit arrival and departure of affected stock.—Authority is hereby given to the department to regulate or prohibit the arrival in or departure from the state, or any portion of the state, of any such exposed or affected animals, and at the cost of the owner or owners thereof to detain such animals found in violation of said regulations or prohibitions. Sec. 6. Examination at owner’s request.—Whenever any owner or owners of dairy or beef animals in this state believe that any of said animals owned by him are infected with the disease known as tuberculosis upon written request made to the department, said department may send its agent who shall be a duly licensed and experienced veterinarian to test the animal of said owner for the disease known as tuberculosis, at the expense of said state. If it appears necessary for the control or the eradication of such disease that any animal or animals found - infected shall be destroyed, they may be killed and compensa- tion shall be paid the owner thereof: Provided, however, that in no ease shall payment by the State of Nebraska be more than twenty-five ($25.00) dollars for any grade animal or more than —113- fifty ($50.00) dollars for any pure bred animal. The maximum valuation herein provided shall be exclusive of any compensa- tion paid or reimbursement made to the owner or keeper of said tuberculous cattle by the secretary of agriculture or its agent for the destruction thereof as contemplated by said act of Con- gress referred to in Section | of this article. No payment by way of compensation shall be made by the State of Nebraska unless the owner has complied with all lawful quarantine regula- tions, and that no payment made by the state as compensation for any tuberculous animal destroyed shall exceed one-third of the difference between the appraised value of such animal and the value of the salvage thereof. No compensation will be paid any owner of tubercular cattle whose entire herd is not under Federal and State supervision for the eradication of tuberculosis. . Sec. 7. Appraisal of animals before killing—Before any animals infected with tuberculosis shall be ordered killed, they shall be appraised by a representative of the bureau of animal husbandry of the United States department of agriculture, and a representative of the state. If the representative of the de- partment of agriculture and the representative of the state shall disagree as to the amount of the appraisal, or if the owner re- fuses to accept the appraised value, the animal shall be appraised in accordance with the laws and regulations of the state in which animals are destroyed under Section 152, Revised Statutes of Nebraska for 1913, as amended by Section 1, Chapter 11, Session Laws of Nebraska for 1915. In the appraisal of tuberculous cattle, due consideration shall be given to their breeding value as well as to their dairy or meat value. Sec. 8. Report of liens to be made before payment for cattle destroyed.—When any dairy or beef animals have been destroyed pursuant to this act, the agent of the department of agriculture in charge shall take reasonable precautions to determine prior to his approval of vouchers in which compensation therefor is claimed, who is the owner thereof, and whether there are any mortgage or other liens outstanding against said animal. If it appears there are outstanding liens, a full report regarding same shall be made, and shall accompany the voucher. Every such report shall include a description of the lien, the name of the person or persons having possession of the documentary evidence —114- thereof and a statement showing what arrangements, if any, have been made to discharge the lien outstanding against the animals destroyed, of which the agent of the department in charge may have knowledge. ARTICUE XoG. PUBLICITY Section 1. Information furnished.—The department of agri- culture shall serve as an information bureau in reference to the State’s resources, industries and development and shall assemble data regarding the resources and industries of the state to the physical, economical and social conditions existing therein. The department of agriculture shall publish the facts ascer- tained and by means of publicity, promote the development of the resources of the state to the welfare of its inhabitants. TITLE IV. THE DEPARTMENT OF LABOR ARTICLE 1. GENERAL POWERS Section 1. (See R. 8., Ch. 3554.) Powers specified.—The governor, through the agency of the department of labor created by this act ,shall have the power: 1. To foster, promote and develop the welfare of wage earners ; 2. To improve working conditions ; 3. To advance opportunities for profitable employment; 4. To collect, collate, assort, systematize, and report statis- tical details relating to all departments of labor, especially in its relation to commercial, industrial, social, economic and eduea- —115- tional conditions, and to the permanent prosperity of the manu- facturing and productive industries ; 7 5. To require and diffuse useful information on subjects connected with labor in the most general and comprehensive sense of the word; 6. To acquire and diffuse among the people useful infor- mation concerning the means of promoting the material, social, intellectual and moral prosperity of laboring men and women; 7. To acquire and diffuse information as to the conditions of employment and such other facts as may be deemed of value to the industrial interests of the state; 8. To acquire and diffuse information in relation to the prevention of accidents, occupational disease and other related subjects ; 9. To administer and enforce the workmen’s compensation laws or employers’ liability acts of the state, and for that pur- pose the secretary of the department of labor shall be the deputy commissioner of labor and compensation commissioner, and the duty hereby imposed upon him, as such, of executing all of the provisions of Article VIII., Chapter 35, Revised Statutes of Ne- braska for the year 1913, and any and all act or acts amendatory thereof. . ARTICLE II. EMPLOYMENT REGULATIONS Section 1. Governor to enforce law.—In addition to the gen- eral powers conferred upon the governor in the preceding article, he is hereby invested with the power and charged with the duty of enforcing, through the agency of the department of labor created by this act, all of the provisions contained in this article and all provisions which may be hereafter enacted as amendatory thereof. | ; Sec. 2. (38558) Free employment bureau.—The department of labor shall establish and maintain in its office and in connec- tion therewith, a free public employment bureau. Sec. 3. (8562) Duty of employers to supply seats.—It shall be the duty of every agent, proprietor, superintendent or em- ployer of female help within the state of Nebraska to provide a —116- chair, stool or seat for each and every such employee, upon which their female workers shall be allowed to rest when their duties will permit, or when said position does: not interfere with the faithful discharge of their duties. Sec. 4. (8563) Same—penalty for not providing.—Any agent, proprietor, superintendent or employer in the state of Nebraska failing to comply with the requirements of the preced- ing section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not less than ten ($10.00) dollars nor more than two hundred ($200.00) dollars and stand committed until such fine be paid, and shall also be liable to an action for damages to the employee whose health has been injured by such neglect. See. 5. (Ch. 71, 1915) Hours of employment of females.— In metropolitan cities and cities of the first class no female shall be employed in any manufacturing, mechanical or mercantile establishment, laundry, hotel or restaurant, office or by any pub- lic service corporation in this state more than nine hours during any one day or more than fifty-four hours in one week. The hours of each day may be so arranged as to permit the employ- ment of such female at any time from six o’clock A. M. to ten o’clock P. M., but in no case shall such employment exceed nine hours in any one day, nor shall such female be employed except by public service corporations ,between the hous of 10:00 P. M. and 6:00 A. M. : Sec. 6. (3565) Hours required posted up.—Every such em- ployer shall post, in a conspicuous place in every room where such females are employed, a printed notice stating the number of hours of work required each day, the hours of commencing and stopping,.the time allowed for meals. Printed forms for such notices shall be furnished by the department. Sec. 7. (R. 8. 3567) Penalty—Any employer, overseer, superintendent or other agent of any such employer who shall violate any of the provisions of the next two preceding sections, shall upon conviction, be fined for each offense in a sum not less than twenty ($20.00) dollars nor more than fifty ($50.00) dollars. Sec. 8. (R. 8. 3668) Labor unions adopt trade marks.—It ¥ -117- shall be lawful for associations and unions of working men to adopt, for their protection, labels, trade marks, and other forms of advertisement, announcing that goods manufactured by mem- bers of such association or unions are manufactured by them. See. 9. (3569) Labels—record—certificate.—Every person, association or union of working men or others who have adopted or who shall adopt for their protection any label, trade mark or form of advertisement, may file the same for record in the office of the department of labor. The department shall thereupon de- liver to such person, association or union a duly attested certi- ficate of the record of the same for which it shall receive a fee of two dollars. Such certificate shall in all actions and prosecu- tions, under the following three sections, be sufficient proof of the adoption of such label, trade mark or form of advertisement, and the right of such person, association or union to adopt the same. See. 10. (3570) Protection—injunction.—Every person, as- sociation or union adopting a label, trade-mark or form of adver- tisement, as specified in the preceding section, may enjoin the manufacture, use, display or sale of any counterfeit or imitation thereof, and recover any damages resulting from such wrongful manufacture, use, display or sale, and the profits derived there- from together with a reasonable attorney’s fee to be fixed by the court; and the court shall also order all such counterfeits or imitations destroyed. See. 11. (8571) Unauthorized use—penalty.—No person or corporation shall imitate any label, trade-mark or form of adver- tisement adopted as provided in the second preceding section, or knowingly use any counterfeit or imitation thereof, or use or display such genuine label, trade-mark or form of advertisement, or the name or seal of such person, union or association, or of any officer thereof unless authorized to do so, or in any un- authorized manner. Any person violating any provisions of this section shall upon conviction be imprisoned in the county jail not more than thirty days, or be fined not less than twenty-five ($25.00) dollars nor more than one hundred ($100.00) dollars. See. 12. (8572) Laborer’s service letter—Whenever any employee of any public service corporation or of a contractor —118- who works for such corporation or contractor doing business in the state of Nebraska shall be discharged or voluntarily quits the service of his employer, it shall be the duty of the superin- tendent or manager, or contractor, upon the request of such employee, to issue to such employee a service letter, setting forth the nature of the service rendered by such employee to such cor- poration, or contractor, and the duration thereof and truly stat- ing the cause for which such employee was discharged or quit such service. See. 13. (8573) Same—form.—Such letter shall be written in its entirety upon a plain sheet of white paper to be selected by such employee. No printed blank shall be used, and if such letter be written on a typewriter, it shall be signed with a pen and black ink, and immediately beneath the signature shall be affixed the official stamp or seal of such superintendent, manager or other official of such corporation or contractor, in an upright position. There shall be no figures, words or letters used upon such piece of paper except such as are plainly essential either in the date line or address or the body of the letter or the signature and seal or stamp thereof, and no such letter shall have any piec- ture, imprint, character, design, device, impression or mark, either in the body or the face or back thereof. Sec. 14. (8574) Penalty.—If any superintendent, manager or contractor shall fail or refuse to issue such letter to such em- ployees (on) request, or wilfully fail, or negligently refuse to give such letter, or fail to state the facts therein correctly, he shall, upon conviction, be punished by a fine of not less than one hundred ($100.00) dollars, nor more than five hundred ($500.00) dollars, for each offense, or by imprisonment in the county jail - for a period of not less than one month and not more than one year. ARTICLE III. CHILD LABOR. Section 1. Child under fourteen not to work.—No child un- der fourteen years of age shall be employed, permitted or suf- fered to work in, or in connection with any theatre, concert hall, or place of amusement, or in any mereantile institution, store, rome ae eee —119- office, hotel, laundry, manufacturing establishment, bowling alley, passenger or freight elevator, factory or work shop, or as a mes- senger or driver therefor within this state. No person, firm or corporation shall employ any child under fourteen years of age in any business service whatever during the hours when the public | schools of the school district in which the child resides are in session. Sec. 2. (2576) Employment certificate for child over four- teen.—No child between fourteen and sixteen years of age shall be employed, permitted or suffered to work in any theatre, con- cert hall or place of amusement, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, bowl- ing alley, passenger or freight elevator, factory or workshop, or as a messenger or driver thereof, within this state, unless the per- son or corporation employing him procures and keeps on file and accessible to the truant officers of the city, the department of labor, and its assistants and employees, an employment certificate as hereinafter prescribed and keeps two competent lists of all such children employed therein, one on file and one conspicuous- ly posted near the principal entrance of the building in which such children are employed. Upon the termination of the em- ployment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith transmitted by the employer to the city or county superintendent of schools of the county in which the child resides, and shall be turned over to the child named therein upon demand. Any truant officer, the department of labor or its assistants and employees may make demand on any employer in whose place of business a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as re- quired by this section, that such employer shall either furnish him, within ten days, evidence satisfactory to him that such child is in fact over sixteen years of age, or shall cease to employ or permit or suffer such child to work in such place of business. The same evidence of the age of such child may be required from such employer as is required on the issuance of an employment certificate as hereinafter provided, and the employer, furnishing such evidence shall not. be required to furnish any further evi- dence of the age of the child. In case such employer shall fail —120- to produce and deliver to the truant officer or the secretary of labor within ten days after demand for the same, such evidence of the age of any child as may be required of him under the provisions of this article and shall thereafter continue to employ such child or permit or suffer such child to work in such place of business, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this section, that such child is under sixteen years of age and is unlawfully em- ployed. . Sec. 3. (3577) Employment certificate approved by school superintendent.—An employment certificate shall be approved only by the superintendent of schools of the school corporation in which the child resides, or by a person authorized by him in writing, or where there is no superintendent of schools, by a person authorized by the school district officers; Provided, no school district officer or other person authorized as aforesaid shall have authority to approve such certificate, for any child then in, or about to enter, his own employment, or the employment of a firm or corporation of which he is a member, officer or employee, — or in whose business he is interested. The officer or person ap- proving such certificate shall have authority to administer the ’ oath provided for therein, or in any investigation or examination necessary for the approval thereof. No fee shall be charged for approving any such certificate nor for administering any oath or rendering any services therein in respect thereto. The board of directors of such school corporation shall establish and main- tain proper records where. copies of all such certificates and all documents connected therewith shall be filed and preserved, and shall provide the necessary clerical services for carrying out the provisions of this article. Sec. 4. (3578) Employment certificate—how issued.—The person authorized to issue an employment certificate shall not issue such certificate until he has received, examined, approved and filed the following papers duly executed; the school record of such child, properly filled out and signed as provided in this article showing the child has completed the work of the eighth grade of the public schools, or its equivalent, or is regularly at- tending night school in compliance with this article; a passport —121- or duly attested transcript of the certificate of birth or baptism, or other religious or official record showing the date and place - | of birth of such child. A duly attested transcript of the birth certificate filed according to law with a register of vital statistics, or other officer charged with the duty of recording births, shall be conclusive evidence of the age of such child. The affidavit of the parent, or guardian, or custodian of a child which shall be required, however, only in case none of the documents mentioned above can be produced and filed, showing the place and date of birth of such child, which affidavit must be taken before the of- ficer issuing the employment certificate. Such employment cer- tificate shall not be issued until such child has personally appeared before and been examined by, the officer issuing the certificate, and until such officer shall, after making such examin- ation, sign and file in his office a statement that the child can read and legibily write simple sentences in the English language and that, in his opinion, the child is fourteen years of age, or upwards, and has reached the normal development of a child of its age, and is in sound health and is physically able to per- form the work which it intends to do. In doubtful cases such physical fitness shall be determined by a physician provided by the department of labor. Whenever the person authorized to issue the employment certificate is in doubt about the age of a _¢ehild, he may require the party or parties making application for the certificate to appear before the judge of the juvenile court, or the county judge where the question of the age of the child shall be determined and the judgment of the court shall be final and binding upon the person issuing the certificate. Notice of the hearing before the court shall be given to some one of the persons authorized to demand inspection of employ- ment certificates. HKvery employment certificate shall be signed in the presence of the officer issuing the same by the child in whose name it is issued. Sec. 5. (8579) Statement in certificate—Such certificate shall state the date and place of birth of such child and deseribe the color of the hair and eyes, the height and weight and any distinguishing facial marks of such child and that the papers required by the preceding section have been duly examined, ap- proved and filed, and that the child named in such certificate —122.- has appeared before the officer signing the certificate and been examined. Sec. 6. (8580) School record furnished.—The school record shall be signed by the teacher and principal of the school which such child has attended and shall be furnished on demand to a child entitled thereto. It shall contain a statement certifying that the child has regularly attended the public schools, or schools equivalent thereto or parochial schools for not less than three-fourths of the school year prior to his arriving at the age of fourteen years, or during the year prior to applying for such school record, and is able to read and write simple sentences in the English language. It shall also state the amount of work completed by such child, measured by-the grade of the puble day schools in the city or county. Such school record shall also vive the age and residence of the child as shown on the records of the school, and the name of its parent or guardian or custodian. See. 7. (8581) School officers furnish duplicate certificates. —The superintendent of public schools in all cities and towns having a population of more than one thousand (1000) accord- ing to the last official census, and the presiding officer of all other school boards shall furnish a duplicate copy of all certificates issued under the provisions of this article to the department of labor. The duplicate certificates as to form are set forth in Section 3593 of this article, and must be filed with the depart- ment of labor at the time of the issuance of the original certificate. See. 8. (8582) School attendance required.—Reegular at- tendance of a child at any public evening school, maintained in any city or village where instruction is given not less than twenty weeks each year, and three evenings each week, and two hours. each evening, shall authorize the issuance of. a certificate of em- ployment where the schooling certificate fails to show that the child has completed the work of the eighth grade, if the school- ing certificate and all other certificates are otherwise is (in) due form, and the applicant further produces a certificate from the superintendent or principal of such public evening school, show- ing the regular attendance of such child at such evening school, and if the child employed under such certificate shall furnish to his employer a weekly certificate showing regular attendance each week while the evening school is in session. Whoever em- —123- ploys a child in violation of the provisions of this article shall, on conviction, be fined not more than fifty ($50.00) dollars for each offense. A parent, guardian or custodian who permits a child under his control to be employed in violation of the pro- visions of this article shall, on conviction, be fined not more than twenty ($20.00). dollars. See. 9. (3583) Form of age and schooling certificate—The age and schooling certificate provided for herein shall be made out upon blank forms furnished in triplicate by the department and shall be in the following form: SCHOOL ATTENDANCE CERTIFICATE co = le SRS tes Sag 0 5 OER alte ES eS OR ete Cee GoPienie tebe me ee AO , Nebraska, (Name of School) (City or Town) oa Boa pe NORE ES See OS GS Sa ie eee ered OGe es. (Date) EMU: Leb et ge Cote 76 aE Bae aC Te ie ee ep a hehe en fps (Name of child) has completed the work of the... th grade, can read and write legibly simple sentences in the English language. . This also certifies that according to the records of this school LAI awl CRIS YEN AEST RE Om a) See 5 ca) CAEN ec rk ere a a was (Name of child) {ia G02 oie a Se AAR ae calle A ani 3 Akay ne aa PA AN Saeki al TSH ae i le Wane RD oP county. (City or town) SMA 0) SS ee einen et Pak keene) As Chtt OM Sa Site And RL Rabe SAD ARA San ee and is (Date) FLORA Ch it econ NAehe Vir aNee: 06 na ye aa months old, and has attended (Name of parent or guardian) (Residence) Retest Tet EEO tne ge a SE Se, Er ead de Bech eee ah Sha Mecca tay Nae erasts Teacher. (ON eae ES ota Eo URE piety A eta yee te UE ae aaa. Se dh ap nn nell pia e nae Arak ates ae MOD Principal. AGE AND SCHOOLING CERTIFGICATE. “ig as Me ice MES RR ae SP A SNODP ES Kit mit creatinine aes hh Ura ee (City or town) (Date) PAIR COLPILLCS Ua brut ATU. CC ee ee cls A at ee ee ee tinea hehe nena tece (Father, mother, guardian or custodian) Nia Te Ap A US ae Site ests eat a ae nalts, Aaa iy ae SO Na eae eet es was born (Name of child) (Signature of father, mother, guardian or custodian.) COENEN ae NRG bee DN eee > Nebraska iit (Name of city or town) fi (Date) ‘There personally appeared before me the above namedeinn.eccecceccceecee-- 2 RRA AT AeA sscjerteislsioliisntyinensiiet nica ciii taind being sw Ora peeeniedn et (Name of person signing) the : foregoing. certificate Dy.2 2 ea signed is true to the . (him or her) BOSE OF Oe ea sores a knowledge or belief. (his or her) I hereby approve the foregoing certificate Ofc ccccccccccecccccteccceceseeseestcreeecteorse (fair or dark) (color) (color) having no, sufficient reason to: doubt) thats 2 je) ee is of the age herein certified. . I hereby certify that... 2 2) oe (he or she can, cannot) Pead (At Sieh candy Coli Cen ea end write legibly simple sentences in the English language, that said child has appeared before me and been personally examined by me; that all certificates and papers required by law have, in due form, been presented to, and approved by me, and the same have been placed on file. (In case the child is attending school insert here the following: ) Ee durthereertity That oe os ee eee Sad is regularly attending the Tae neem canner onan nae ence nese wn sana we senna sen n wan en snes man ane n ae mwene sen cree nas eee nen sn ees-mqeeweneeaeececenceucnsecccaccé (Name of School) This certificate shall continue in force only so long as the regular attendance of said child at said school is certified weekly by a teacher thereof. ; This ‘tertificate: belongs’ to.k. eo a 3 (Name of child) and is to be surrendéred to the superintendent of schools whenever ENT Me np eke ESRC Aa Le OP nae! leaves the service of the person, firm or corporation (he or she) ho‘ding the same as employer. (Signature and official title of person authorized to approve to approve and sign.) ee lo RAMOS EHAD LOVE Ce ee ee lads ae SUA PS SA Re el CI Authority 1 tg Bh 2s Ue ROE EIEN ONS eee the se ees ae VOLTA ah Dat cams ou RU CSUs Waa es Ae Bt) OA 1a 6 EEE DUR alae ML oasaiad atlesre TAN NUD A. PML ADK dt Une Vain nc Me EVENING SCHOOL ATTENDANCE CERTIFICATE. Pee PATIO EN ae RE Le NS ey One RAO oe 2 (Name of child) ipibesiseered im andsresularky attends They ee ee evening school. This also certifies that according to the records of my a ur Re Wek PPR AMT EN Rs GLY I 9 ou LC 6 ROTA a OD: HAIL ARMM RA Ly SA ROAD od VRE Seah oA ms (Name of child) Sei AIN Es Ts Ef Reliant te SELES af Oa eho eR RN Te A MOG, SO Pee On Nes (Name of city or town) SEAS ie ERR RLS Ns i ee re PAR mee ae SERENE CRS ELEDW Nog tut ae ue old (Name of parent or guardian.) (Signature of teacher. ) (Signature of principal.) Duplicate copies of such certificates shall be retained in all eases by the person or ‘officer issuing the same and kept on file by the superintendent of schools or school district directors of the county in which the same are issued. Sec. 10. (8584) Limit of working hours.—No person under the age of sixteen years shall be employed or suffered or per- mitted to work in any theater, concert hall or place of amuse- ment, or in any mercantile institution, store, office, hotel, laundry, manufacturing establishment, packing house, bowling alley, pas- senger or freight elevator, factory, workshop, beet field or as a messenger or driver, more than forty-eight hours in any one week, nor more than eight hours in any one day, nor before the hour 6 o’clock in the morning, nor after the hour of 8 o’clock ‘in the evening. Every employer shall post in a conspicuous place in every room where such children are employed a printed notice stating the hours required of them each day, the hours of com- mencing and stopping work, and the time allowed for meals. The printed form of such notice shall be furnished by the de- partment of labor. See. 11. (8585) Penalty—Whoever employs a child under sixteen years of age and whoever, having under his control a ehild under such age, permits such child to be employed in viola- tion of this article shall for each offense be fined not more than fifty dollars; and whoever continues to employ any child in viola- tion of either or any section of this article, after being notified by a truant officer, or by the department of labor or by its assist- ants or employees, shall for every-day thereafter that such em- ployment continues be fined not less than ($5.00) dollars nor more than twenty ($20.00 dollars. The failure of an employer of child labor to produce, upon request of a person authorized to demand the same, any employment certificate or list required by this article shall be prima facie evidence of the illegal employ- ment of any child whose employment certificate is not produced or whose name is not listed. Any corporation or employer re- taining employment certificates in violation of this article shall be fined ten ($10.00) dollars. Every person authorized or re- quired to sign any certificate or statement prescribed by this article, or who knowingly certifies or makes oath to any material false statement therein or who violates any of the provisions of this article, shall be fined not to exceed fifty ($50.00) dollars. Every person, firm or corporation, agent or manager, superin- tendent or foreman of any person, firm or corporation who shall - refuse admittance to any officer or person authorized to visit or inspect any premises or place of business under the provisions of this article and to produce all certificates and lists he may have, when demanded, after such person shall have announced his name and the office he holds and the purpose of his’ visit, or shall otherwise obstruct such officers in the performance of their duties as prescribed by this article, shall be guilty of a mis- demeanor and, upon conviction, shall be fined in any sum not exceeding fifty ($50.00) dollars, or be imprisoned not to exceed thirty days. Sec. 12. Hvidence of unlawful employment.—The presence of a child under sixteen years of age, apparently at work, in any of the places of business enumerated in this article shall be prima, facie evidence of his employment therein. Truant officers shall visit the places of business enumerated in this article to ascertain whether any children are employed therein contrary to the provisions of this article, and they shall report any cases —127— ‘ of such illegal employment to the department of labor and to the county attorney. See. 13. Child not employed in place of danger.—No child under the age of sixteen years shall be employed in any work which by reason of the nature of the work, or place of perform- — ance, is dangerous to life or limb, or in which its health may be injured or its morals may be depraved. Any parent, guardian, or other person, who, having under his control any child, causes or permits such child to work or be employed in violation of this section, shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty ($50.00) dollars or be im- prisoned not exceeding ten days. ARTICLE IV. HEALTH AND SAFETY REGULATIONS Section 1. (8588) Safe access—water closets.—Every fac- tory, mill, workshop, mercantile or mechanical: establishment or other building where one or more persons are employed, shall be provided within reasonable access, with a sufficient number of water-closets, earth closets or privies for the reasonable use of the persons employed therein, and whenever male and female persons are employed as aforesaid together, water-closets, earth closets or privies separate and apart, shall be provided for the use of either sex, and plainly so designated, and no person shall be allowed to use such closet or privy assigned to the other sex. Such closet shall be properly enclosed and ventilated and at all times kept in a clean and sanitary condition. When the number employed is more than twenty of either sex, there shall be pro- vided an additional closet for each sex up to the number of forty and above that number in the same ratio. The department of labor or any person authorized by the department may require such changes in the placing of such closets as the department may deem necessary and may require other changes which may serve the best interest of morals and sanitation. Sec. 2. (8589) Dressing rooms.—In factories, mills or work- shops, mercantile or mechanical establishments or other places where the labor performed by the operator is of such a character eRe MM hal 9 bat -~1238— that it becomes necessary to change the clothing, wholly or in part, before leaving the building at the close of the day’s work, * separate dressing rooms shall be provided for females whenever so required by the department of labor. It shall be the duty of every occupant, whether owner or lessee of any such premises used as specified by this article, to make all the changes and additions thereto. In case such changes are made upon the order of the department of labor, to the lessee of the premises, the lessee may at any time within thirty days after the completion thereof, bring an action against any person or corporation or partnership having interest in such premises, and may recover — such proportion of expenses of making such changes and addi- tions as the court adjudges should justly and equitably be borne by such defendant. Sec. 3. (8590) Pure air.—If in any of the aforesaid places, any process is carried on by which dust or fumes are caused, which may be inhaled by the persons employed therein, or if - the air should become exhausted or impure, there shall be pro- vided a fan or other such mechanical device as will substantially carry away all such dust or fumes or other impurities, subject to the approval of the department of labor. Sec. 4. (8591) Clean of fumes of effluvia.—All of the afore- — said places shall be kept clean and free from effluvia arising from any drain, privy or nuisance, and shall be ventilated and kept in a sanitary condition. The department of labor or any person authorized by the department may require such changes or addi- tions to be made in any of the aforesaid places as will promote the best measures of sanitation. | See. 5. (8592) Protection from dust.—All persons, com- panies or corporations operating any factory or workshop where erinding wheels, or grinding machines; emery wheels or emery belts of any deseription are used, either solid emery, leather covered, felt, canvas, linen, paper, cotton or wheels or belts rolled or coated with emery or carborundum or cotton wheels used as buffs, shall, when deemed necessary by the department of labor, provide such wheels or belts with blowers or similar apparatus, which shall be placed over, beside or under such. wheels or belts in such manner as to protect the person or persons. using the -129- same from particles of dust produced and caused thereby, and to carry away the dust arising from or thrown off by such wheels or belt while in operation directly to the outside of the building or to some receptacle placed so as to receive and confine such dust; Provided, grinding machines upon which water is used at the point of grinding contact and other wheels used for tool erinding shall be exempt from the provisions of this article. See. 6. (8593) Defective wheels or grindstones.—No emery wheels or grindstones in any factory, mill or workshop, shall be used when known to the person using the same to be cracked or otherwise defective, nor operated at a greater speed than in- dicated or guaranteed by the manufacturer of such emery wheel or grindstone. Sec. 7. (8594) Hoods for grinding wheels.—Each and every emery wheel and grindstone shall be fitted with a sheet or cast iron hood or hopper, of such form so adjusted that the dust or refuse therefrom will fall or be thrown into such hood or hopper by centrifugal force, and be carried off by the current of air into a suction pipe. Sec. 8. (8595) Suction pipes.—Every such wheel six inches or less in diameter shall be provided with a three-inch suction pipe; wheels six inches to twenty-four inches in diameter, with four inch suction pipe; wheels from twenty-four inches to thirty- six inches in diameter with five-inch suction pipe; and every wheel exceeding thirty-six inches in diameter shall be provided with a suction pipe not less than six inches in diameter. The suction pipe from each wheel shall be of full size to its terminus, and a suction pipe to which smaller pipes are attached shall, in its capacity, be equal to the combined capacities of all smaller pipes attached thereto, and the discharge pipe shall be of as large capacity as, or larger capacity than, the combined capaci- ties of all the suction pipes. Section 9. (3597) Belting, gearing, etc., protected.—Every person operating a plant where machinery is used, shall provide such guards, boxing, screens or other appliances as will protect employees against injury from belting, shafting, gearing, ele- vators, drums, saws, cogs, electric currents, molten metal or hot liquid. He shall also furnish and supply belt shifters which can —130- be operated from the floor. All exposed cogs or gears shall be enclosed in metal casings or woven wire screens; protruding set serews in collars and couplings of shaftings or other revolving machinery shall be countersunk or covered with metal boxing; pulleys, belts and projections of or from ends of shaftings shall be protected by boxing or inclosing with metal or other suitable material. Belts shall not rest on shafting in motion, but rest hooks shall be provided to hold belting free therefrom. Roll guards shall be placed on roll feed machines fed by hand at the point where the material is fed and a device for instantly stop- ping the machine by the hand or foot shall also be provided with- in reach of the operator when operating the machine. See. 10. Screens about revolving machinery.—A metal or other suitable screen shall be placed around each laundry ex- tractor or other exposed high speed revolving machinery. See. 11. Wood cutting tools,—protecting against Wood planers, wood shapers, swing saws, equalizing saws, circular heading jointers, wood polishers, buzz planers, lathe bolters and all similar machinery shall be equipped with requisite safety appliances. See. 12. Safety appliances—approval.—aAll safety appliances prescribed by this article shall be subject to the approval of the department of labor. See. 13. Protection against electric current.—Signs or in- dicating lamps shall be placed at all switches, in electric light and power plants or other places where high pressure currents are used, to show whether the current is on or off the circuit. When current is turned off a circuit for repair, the switch shall first be tagged, the tag bearing the name of the person for whom > it is turned off. The tag shall not be removed or the current turned on until the person for whom it was tagged shall notify the operator that his work has ceased. See. 14. Safety devices for elevators—EHvery elevator, whether freight or passenger, shall be equipped with a speed governor safety device and with gates or doors to be not less than five feet in height, and all freight elevators shall be equipped with a signal or gong. See. 15. Protection of boilers—Where a number of boilers —131-— deliver to a common steam main, they shall be equipped with a shut off or throttle valve for each boiler to take it out of service for repairs and inspection necessitating the entry therein of workmen. A metal shield shall be constructed covering the hand wheel of the valve, hinging in the center and containing hasp and hook. The shield shall be painted red and marked with the words, ‘‘Man in Boiler.’? The workman shall be allowed to re- tain key in his possession while in said boiler. Sec. 16. Fire-escapes and fire protection.—Hvery factory or other institution, more than two stories in height, shall be equipped with outside fireproof iron stairways, chutes or tobog- gans; and one automatic fire escape for every fifteen persons working or congregating therein at any time, who, for any rea- son, are unable to reach or use the outside fireproof stairways, chutes or toboggans. See. 17. (3598) Accidents reported.—Every person operat- ing a plant where machinery is used, shall report in writing to the department of labor all fatal accidents within forty-eight hours after their occurrence, and all other accidents within two weeks after their occurrence. Such report shall state fully the eause of the accidents, the nature and extent of the injuries and the probable loss of time which will result therefrom. Sec. 18. Action for damages.—Every person operating a plant where machinery is used who shall violate any of the pro- visions of this article, shall be lable in damages to any person injured, as a result thereof, or to the heirs of any person who shall have died as a result thereof. Sec. 19. Assumption of risk—The continuance by any per- son in the employ of any such operator shall not be deemed an assumption of the risk of such employment. Sec. 20. Violation, penalty.—Every person who shall violate any of the provisions of this article shall be guilty of a mis- demeanor and shall on conviction thereof, be fined in any sum not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars. Sec. 21. (3602) Scaffolds—ladders have safety rail—All scaffolds, hoists, cranes, stays, ladders, supports or other mechani- eal contrivances used in the erection, repairing, alteration, re- —132- moval or painting of any house, building, bridge, viaduct or other structure, shall be erected and constructed in a safe, suit- able and proper manner. Scaffolding or staging, swung or sus- pended from an overhead support and more than twenty feet from the ground floor, shall have, where practicable, a safety rail properly bolted, secured and braced, raising at least thirty- four inches above the floor or main portion of such scaffolding or staging, and extending along the entire length of the outside and ends thereof and properly attached thereto, and such scaffolding and staging shall be so fastened as to prevent the same from swaying from the building or structure. “iy Side. (22: (3603) Floor capacity—construction.—If in any house, building or structure in process of erection or construc- tion except a private barn, or a private house, the distance be- tween the enclosed walls is more than twenty-four feet in the clear, there shall be built, kept and maintained, proper inter- mediate supports for the joists, which supports shall be either brick walls or iron or steel columns, beams, trusses or girders. The floors in all such houses, buildings or structures shall be eap- able of bearing in all their parts, in addition to the weight of the floor construction, partitions and permanent fixtures and mechanisms that may be set upon the same a live load of fifty pounds for every square foot of floor surface. Sec. 23. (3604) Placard stating floor capacity.—The owner of every house, building or structure, except a private barn or a private house, shall affix and display conspicuously on each floor of such building during construction, a placard, stating the load per square foot of floor surface which may, with safety, be applied to the particular floor during construction; or if the strength of different parts of any floor varies, then there shall be placards for each varying part of such floor. It shall be un- lawful to load any such floors or any part thereof, to a greater extent than the load indicated on the placard, and all such -pla- cards shall be verified and approved by the department of Jabor, or other proper authority in the city, or village charged with the enforcement of building laws. Sec. 24. (3605) Scaffolding ladders unsafe Whenever it shall come to the notice of the department of labor or the local authority in any city or village of this state, charged with the —135- duty of enforcing the building laws that the scaffolding or. the slings, hangers, blocks, pulleys, stays, braces, ladders, irons or ropes of any swinging or stationary scaffolding, platform or other similar device, used in the construction, alteration, removing, re- pairing, cleaning or painting of buildings, bridges or viaducts within this state are unsafe, or liable to prove dangerous to the life or limb of any person, the department of labor or such local authority or authorities, shall immediately cause an inspection to be made of such scaffolding, platform or device, or the slings, hammocks, blocks, pulleys, stays, braces, ladders, iron or other parts connected therewith. If after examination, such scaffold- ing, platform or device, of any such parts, is found to be danger- ous to the life or limb of any person, the department of labor or such local authority, shall at once notify the person responsible for its erection or maintenance, of such fact and warn him against the use, maintenance or operation thereof, and prohibit the use thereof, and require the same to be altered and reconstructed - so as to avoid such danger. Such notice may be served personal- ly upon the person responsible for its erection or maintenance or by conspicuously affixing it to the scaffold, platform or other such device, or the part thereof declared to be unsafe. After such notice has been so served or affixed the person responsible there- for shall cease using and immediately remove such scaffolding, platform or other device or part thereof, and alter or strengthen it in such manner as to render it safe. The department of labor, or such local authority, whose duty it is, under the terms of this article, to examine or test any scaffolding, platform, or other device, or part thereof, required to be erected and maintained by this section, shall have free access at all reasonable hours to any building or structure or premises containing such scaffolding, platform or other similar device, or parts thereof, or where they may be in use. All swinging and stationary scaffolding, plat- forms or other devices shall be so constructed as to bear four times the maximum weight required to be dependent thereon, or placed thereon when in use, and such swing, scaffolding, plat- form, or other device shall not be so overloaded or crowded as to render the same unsafe or dangerous. Sec. 25. (3606) Safety scaffolding or staging.—Any person employing or directing another to perform labor of any kind in —134-— the erecting, altering, repairing or painting of any water pipe, stand pipe, tank, smoke stack, chimney, tower, steeple, pole, staff, dome, or cupola when the use of any scaffolding, staging, swing, hammock, support, temporary platform or other similar contrivance is required or used in the performance of such labor shall keep and maintain at all times, while such labor is being performed, and such mechanical device is in use or operation, a safe and proper scaffold, stay, support, other suitable device, not more than sixteen feet below such working scaffold, staging, swing, hammock, support or temporary platform, when such work is being performed at a height of thirty-two feet or more. Sec. 26. (3607) Arched floors—how constructed.—All con- tractors and owners, when constructing buildings where the plans and specifications require the floors to be arched between the beams thereof, or where the floors or filling in between the floors are fireproof material or brick work, shall complete the flooring or filling in as the building progresses, to within at least two tiers or beams below that on which the iron work is being erected. If the plans and specifications of such building do not require filling in between the beams of floors with brick or fireproof material, all contractors for carpenter work in the course of con- struction shall lay the under flooring thereof, or a safe temporary floor on each story as the building progresses to within at least two stories or floors below the story where the work is being performed. If the floor beams are of iron or steel the contractors for the iron or steel work of buildings in the course of construc- tion or the owners of such buildings, shall thoroughly plank over the entire tier or (of) iron or steel beams on which the structural iron or steel work is being erected, except such spaces as may be reasonably required for the proper construction of such iron or steel work and for the raising and lowering of materials to be used in the construction of buildings, or such spaces as may be designated by the plans and specifications for stairways and ele- vator shafts. Sec. 27. (8608) Elevating machines—hoisting apparatus— used in construction.—If elevating machines or hoisting appara- tus are used within a building in the course of construction for the purpose of lifting materials to be used in such construction, the contractors or owners shall cause the shafts or openings in —135- each floor to be enclosed or fenced in on all sides by a substantial barrier or railing at least eight feet in height. Any hoisting machines or engines used in such building construction shall, where practicable, be set up or placed on the ground, and where it is necessary in the construction of such building to place such hoisting machine or engine on some floor above the ground floor, such machine or engine must be properly secured and supported with a foundation capable of safely sustaining’ twice the weight of such machine or engine. If a building in course of construc- tion is five stories or more in height, no material needed for such construction shall be hoisted or lifted over public streets or alleys unless such street or alley shall be barricaded from use by the public. The chief officer in any city or village charged with the enforcement of local building laws and ordinances, shall co- operate with the department of labor in enforcing the provisions of this article. See. 28. (8609) System of signals for hoisting machinery. —If elevating or hoisting apparatus, operated or controlled by other than hand power, are used in the construction, alteration or removal of any building or other structure, a complete and adequate system of communication by means of signals shall be provided and maintained by the owner, contractor or subcon- tractor, during the use and operation of such elevating machines or hoisting apparatus. : See. 29. (2610) Architects or draftsmen comply with law.— All architects or draftsmen in preparing plans, specifications or drawings to be used in the erection, repairing, altering, or re- moving of any building or structure within the terms and pro- visions of this article, shall provide in such plans, specifications and drawings for all the permanent structural features or re- quirements specified in this article. Any person violating the provisions of this section shall upon conviction be fined not less than twenty-five ($25.00) dollars nor more than two hundred ($200.00) dollars for each offense. See. 30. (8611) Violation, penalty.—Any person violating any of the provisions of this article, except the provisions of sec- tion 29, shall upon conviction thereof be fined not less than twen- ty-five ($25.00) dollars nor more than five hundred ($500.00) —136- dollars, or imprisoned for not less than three months nor more than two years, or both. See. 31. (8612) Assumption of risk.—The continuance by any person in the employ of any such operator shall not be deemed an assumption of the risk of such employment. ARTICLE V. EMPLOYMENT AGENCIES Section 1. Terms defined.—When used in this division the following terms are defined as herein specified: The term ‘‘per- son’’ means and includes any individual, company, society, asso- ciation, corporation, manager, contractor, subcontractor or their agents or employes. The term ‘‘employment agency’’ means and includes the business of conducting, as owner, agent, manager, contractor, subcontractor, or in any other capacity an intelligence office, domestic and commercial employment agency, theatrical employment agency, bonding and reference agency, teachers’ employment agency, general employment bureau, shipping agency, or any other agency or office for the purpose of procur- ing or attempting to procure help or employment or engagements for persons seeking employment or engagements, or for the regis- tration of persons seeking such help, employment or engagement, or for giving information as to where and of whom such help, employment or engagement may be procured, where a fee or other valuable consideration is exacted or attempted to be col- © lected, directly or indirectly, for such services, whether such business is conducted in a building or on the street or elsewhere. The term ‘‘fee’’ means and includes any money or other valuable consideration paid or promised to be paid for services rendered or to be rendered by any person conducting any em- ployment agency of any kind under the provisions of this divi- sion. Such terms includes any excess of money received by any such person over what has been paid out by him for the trans- portation, transfer of baggage, or board and lodging for any applicant for employment; such term also includes the differ- ence between the amount of money received by any such person who furnishes employes and the amount paid by him to such employes. —1357- Sec. 2. License required.—No person, firm or corporation in this state shall open, operate or maintain a private employment agency for hire or for help without first obtaining a license for the same from the Department of Labor, and the license fee shall be fifty ($50.00) dollars per annum, payable in advance on the first day of May of each year, and shall expire on the last day of April of each year. Every license shall contain a designation of the city, street and number of the building in which the licensed parties conduct said employment agency. In ease of removal to another location during the period covered by such license, the department shall be at once notified and the license corrected accordingly. No such license shall be transferable. Sec. 3. Bond.—The Department of Labor shall require with each application for a license a Surety bond in the penal sum of two thousand ($2000.00) dollars to be approved by said de- partment and conditioned that the obligor will not violate any of the duties, terms, conditions, provisions or requirements of this division. The Department of Labor is authorized to cause an action or actions to be brought on said bond in the name of the state for any violation of any of its conditions and may re- voke, upon a full hearing, any license whenever in its judgment the party licensed shall have violated any of the provisions of this division. 2 Sec. 4. Investigation and cancellation of license.—In case of refusal of any licensee to comply with the lawful orders of the Department of Labor, the Department of Labor may cancel the license held by such person, firm or corporation. When such license shall be so cancelled it shall not be reissued to said person, firm or corporation for a period of six months from the date of said cancellation. Sec. 5. Prohibited advertising ——No private employment agency shall print, publish or paint on any sign, window, or in- sert in any newspaper or publication a name similar to that of the Nebraska Free Employment Bureau. Sec. 6.' Books required to be kept for inspection.—It shall be the duty of every licensed agency to keep a register in which shall be entered the name and sex of every person for whom employ- ment is secured, and the amount of fee charged. Such licensed —138- agency shall also enter into a register the name and address of every person for whom help or servants are secured. Such regis- ter shall at all reasonable hours be open to the inspection and examination of the Department of Labor, and a copy of such register shall be filed with the Department of Labor not later than the 10th day of each calendar month. | Sec. 7. Receipts—forms—contents.—Every licensed agency shall issue a receipt to each person securing employment or help showing the occupation, name and address of the applicant, and the amount of the fee charged for procuring the position and such receipt shall also show the wages to be paid to said person securing employment, together with the name and address of the employer and the name of the agency issuing such receipts; also the nature of the employment offered and if a strike or lock- out is known to exist the fact shall be stated. Said receipt shall be made upon forms prescribed by the Department of Labor and the third copy to be retained by the agency issuing same. The carbon copy of each and every receipt issued shall be mailed to the Department of Labor as prescribed in Section 6. Sec. 8. Registration fee—A registration fee not to exceed two ($2.00) dollars may be charged by such licensed agency when such agency shall be at actual expense in advertising such individual applicant, or in looking up the references of such ap- plicant. In all such cases a complete record of such references shall be kept on file, which record shall, during all business hours, be opened for the inspection of the Department of Labor, and upon demand shall be subject to inspection and examination by the applicant. For such registration fee a receipt shall be given to said applicant for help or employment, giving name of such ap- plicant, date of payment and character of position or help ap- plied for. Said registration fee shall be returned to said appli- cants on demand, after thirty (30) days and within sixty (60) days from date of receipt, less the amount that has been actually expended by said licensed agency for said applicant, and an item- ized account of such expenditures shall be presented to said ap- plicant on request at the time of returning the unused portion of such registration fee, provided no position has been furnished by said licensed agency to and accepted by said applicant. —139- No licensee shall, as a condition to registering or obtaining employment for such applicant, require such applicant to sub- scribe to any publication or exact other fees, compensation or reward, other than the registration fee aforesaid, and a further fee, the amount of which shall be agreed upon between such applicant and the licensee, to be payable at such time as may be agreed upon in writing, but the further fee aforesaid shall not be received by such licensee before the applicant has been ten- dered a position by said licensed person. In the event that the position so tendered is not accepted by or given such applicant, the licensee shall refund all fees requested by said applicant, other than the registration fees aforesaid within three (3) days after demand is made therefor. No licensee shall send out any applicant for employment without having obtained a bona fide order therefor, and if it shall appear that no employment of the kind applied for existed at the place where said applicant was directed, said licensee shall refund to such applicant within five (5) days after demand, any sum paid by such applicant for trans- portation in going to and returning from said place and all fees paid by said applicant. In addition to the receipt herein provided to be given for registration fees, it shall be the duty of the licensee to give to every applicant for employment from whom other fee or fees shall be received, an additional receipt, in which shall be stated the name of such applicant, the date and amount of such other fees; and to every applicant for help from whom other fee or fees shall be received, an additional receipt, stating the name and address of said applicant, the date and amount of such other fee or fees, and the kind of help to be provided. All receipts shall have printed on the back thereof, in the English language, the name and address of the Secretary of Labor. Every such licensee shall give to every applicant for em- ployment, a card or printed paper containing the name of the applicant, the name and address of such employment agency, and the written name and address of the person to whom the ap- plicant is sent for employment. If an employe furnished fails to remain one week in a situa- tion, through no fault of the employer, then all fees paid or —140- pledged, in excess of the registration fee aforesaid, shall be re- funded to the employer upon demand. If the employment furnished the applicant does not continue more than one week, through no fault of the employe, then all fees paid or pledged, in excess of the registration fee aforesaid, shall be refunded to the employe upon demand. Sec. 9. Fees when refunded.—The fee for procuring employ- ment or help in all cases shall be clearly set out in the receipt as provided in Section 7. The receipt shall plainly show the amount of the fee and all commissions and expenses or compensations whatsoever to such licensed agency for procuring employment or help. In ease the person paying such fee fails to obtain the employment specified and such failure shall not be the fault of such applicant for employment, such licensed agency shall repay the same to such person upon demand being made therefor; pro- vided that in cases where the person seeking employment is sent beyond the limits of the city in which such employment agency operates, such licensed agency shall repay in addition to the above the actual expenses incurred by reason of failure to re- ceive employment, in all cases when it shall appear that the em- ployment agency made false representations, See. 10. Division of fees with employer—penalty.—Any licensed agency, or agent thereof, who shall be guilty of dividing fees with any agent, superintendent, manager, foreman or other employee of any person, company, corporation or association, for whom employes are furnished, shall be guilty of a, misde- meanor and shall be fined not less than fifty ($50.00) dollars or — be imprisoned in the county jail for a period not exceeding three (3) months at the discretion of the court. See: 11. Unlawful acts.—No agency shall knowingly send or cause to be sent any female help or servant to any place of bad repute, house of ill fame, or assignation house, or to any house pr place of amusement kept for immoral purposes. No such licensed agency shall publish or cause to be published any false information, make:any false promise concerning or relat- ing to work or employment to any one who shall register for employment and no licensed agency shall make any false entries in the register to be kept as herein provided. . -141- See. 12. Violation—penalty.—Any person convicted of a violation of the provisions of this section not otherwise speci- fically provided for, shall be guilty of a misdemeanor and shall be fined not less than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars for each offense or be imprisoned in the county jail for a period not to exceed three months or both such fine and imprisonment at the discretion of the court; pro- vided, that any person or persons who shall send any female help or servant to any place of bad repute, house of ill fame or as- signation house, or to any house or place of amusement kept for immoral purposes, shall be punished by imprisonment for not less than thirty days nor more than three months, and the license shall be permanently cancelled. See. 13. Employment defined.—The term employment or work, whenever used in this division, shall be construed to mean manual or mechanical labor, clerical, domestic or professional service. See. 14. Employment agents defined Any person, firm or corporation who, for hire or with a view to profit, shall under- take to secure employment for help or through the medium of eards, circulars or pamphlets of any nature whatsoever, or through the display of a sign or bulletin, offer to secure employ- ment or help or give information as to where employment or help — shall be secured, shall be deemed a private employment agency and shall be subject to the provisions of this division. TITLE V. DEPARTMENT OF TRADE AND COMMERCE. ARTICLE IL. GENERAL POWERS Section 1. Department of trade and commerce—general powers.—The governor, through the agency of the secretary of trade and commerce created by this act, is hereby vested with —142- the power to regulate, supervise, and shall have general control over trade and commerce of the state and in addition to such general powers herein conferred, he is hereby vested with the power and charged with the duty of enforcing, through the agency of the secretary of trade and commerce created by this act, all of the provisions contained in this title and all provisions which may be hereafter enacted as amendatory thereof. The department of trade and commerce shall collect, collate, assort, systematize and report statistical details of the manufac- turing industries and commerce of the state and shall acquire information and report upon the general conditions so far as production is concerned of the leading industries of the state. ARTICLE IT. INSURANCE. Section 1. (8137) ‘‘Insurance’’ defined.— Within the intent of this article, the business of apportioning and distributing losses arising from specified causes, among all those who apply and are accepted to receive fhe benefits of such service is public in character, and requires that all those having to do with it shall at all times be actuated by good faith in everything per- taining thereto; shall abstain from deceptive or misleading prac- tices, and shall keep, observe and practice the principles of law and equity in all matters pertaining to such business. Upon the insurer, the insured and their representatives shall rest the bur- den of maintaining proper practices in said business. ‘‘Insurance’’ is a contract whereby one party called the ~ *“insurer’’, for a consideration undertakes to pay money or its equivalent, or to do an act valuable to another party called the ‘‘insured’’ or to his ‘‘beneficiary’’ upon the happening of the hazard or peril insured against, whereby the party insured or his beneficiary suffers loss or injury. (19138 p. 393.) See. 2. (8188) Terms defined.—The terms ‘‘company”’, ‘‘eorporation’’ or ‘‘insurance company’’, or ‘‘insurance corpora- tion’’, in this article, unless the context otherwise requires, in- cludes all corporations, associations, partnerships or individuals engaged as insurers in the business of insurance. —143- “Domestic” designates those companies incorporated or formed in this state. ‘‘Foreign’’ designates those companies in- corporated or formed under the laws of the United States or any other state in the United States, and ‘‘alien’’ designates those companies incorporated or formed under the laws of any country other than the United States. “Admitted company’’ designates companies qualified and licensed to transact business under the provisions of this article. ‘‘Non-admitted companies’’ designates companies not licensed to transact business in this state under the provisions of this article. ‘‘Unearned premiums’’, and ‘‘net value of policies’’ several- ly mean the liability of an insurance company upon its Insurance contracts, other than accrued claims, computed by rules of valua- tion established herein. ‘“Profits’’ of a mutual company means that portion of its eash funds not required for payment of losses and expenses, nor set apart for any purpose allowed by law. ‘‘Agent’’ or ‘‘insurance agent’’ is a person, co-partnership, corporation, attorney, board or committee duly appointed and authorized by the insurance company, to solicit applications for insurance to be known as the soliciting agent, or to solicit appli- cations and effect insurance in the name of the company, to be known as a recording or policy writing agent, and to discharge such other duties as may be vested in, or required of, the agent by the company. ? , ‘‘Broker’’ or ‘‘insurance broker’’ is any person, co-partner- ship or corporation, who for compensation, not being an appointed agent for the company in which insurance or re-insurance is ef- fected, acts or aids in any manner in negotiating contracts for insurance or re-insurance or placing risks or effecting insurance or re-insurance for a party other than himself or itself. ‘«Adjuster’’ or ‘‘insurance adjuster’’ is a person, co-partner- ship or corporation who undertakes to ascertain and report the actual loss or damage to the subject matter of the insurance due to the hazard or peril insured against. ‘‘Director’’ within the intent of this article means trustee. ‘‘Insurable interest’’ is every interest in property or any relation thereto, or liability in respect thereof, of such a nature —144— that a contemplated peril might directly damnify the insured. ‘‘Insurable interest’’ in the matter of life and health insurance exists when the beneficiary, because of relationship, either pecuni- ary or from ties of blood or marriage, has reason to expect some benefit from the continuance of the life of the insured. ) ‘‘Double Insurance’’ exists where the same party is insured by several insurers separately, in respect to thé same subject and interest. ‘«Over-insurance’’ exists where a party having an insurable interest in property has insurance thereon against the same hazard or peril in excess of the actual value of his interest therein. _ “*Re-insurance’’? means a contract by which an insurer pro- cures a third party to insure it against loss or liability by reason of such original insurance. ‘‘Department’’ or ‘‘insurance department’’ shall mean ‘‘de- partment of trade and commerce.”’ ‘‘Rebate’’ means anything of value or the making of an agreement, expressed or implied, that will directly or indirectly diminish any premium below the amount specified in the policy, but does not include the dividend or refund paid or allowed on participating policies, nor bonuses paid or allowed directly by any company upon non-participating policies which have been in force at least five years. . ‘*Stock company’’ is one with a capital stock that charges a fixed premium and is required to maintain the reserve provided by this article. | ‘Mutual company’’ is one without capital stock that charges a fixed premium and is required to maintain the same reserve as a stock company. ‘‘Assessment association’’ is one that meets its losses and expenses from assessment levied upon its members. —145- ARTICLE IIT. POWERS. Section 1. (R. 8. 3139 and 3144) Specific powers—certi- ficate—cause examination.—The department of trade and com- merce shall have general supervision, control and regulation of insurance companies, associations and societies and the business of insurance in Nebraska, including companies in. process of or- ganization. It shall have power to make all needful rules and regulations for the purpose of carrying out the true spirit and meaning of this enactment and all laws relating to the business of insurance, and to.that end, may authorize and empower an assistant or employee to do any and all things that it may do, and on its behalf, and it shall see that all laws respecting insur- ance companies, are faithfully executed. It shall issue all certi- ficates and licenses as provided for herein. Before granting certi- ficates of authority to any insurance company to issue policies or make contracts of insurance in this state, it shall be satisfied by such examination as it may cause to be made, or such evidence as it may require, that such company is duly qualified under the laws of this state to transact business herein. It shall require every domestic insurance company to keep its books, records, accounts and vouchers in such manner that it may readily verify its annual statement and ascertain whether the company is sol- vent and has complied with the law. It shall cause to be ex- amined, each domestic company at least once every three years, and. cause to be thoroughly inspected and examined its affairs to ascertain its true financial condition, its ability to meet and to fulfill its obligation, whether it has complied with the pro- visions of the law, and all other facts that may be required re- lating to its business, methods and management, and its dealings with its policy holders. Whenever.it deems it advisable, it shall cause a complete audit of the books and accounts of the company to be made by a disinterested expert accountant. When it deems it prudent for the protection of policy holders in this state, it shall, in like manner, cause to be visited and examined any in- surance company incorporated or organized in any other state or country applying for admission, or already admitted to do business in this state. The person making an examination re- ~146- quired or provided by this action may require the company and its officers to exhibit its assets, books and papers, and shall have free access to all the books, records, accounts, vouchers, papers and files of such company which relate to its business; may com- pel by subpoena the attendance before it and examine under oath its directors, officers, employees and other persons relative to its affairs, transactions and conditions. Any person who shall fail, neglect, or refuse to obey such subpoena, or having obeyed such subpoena, shall refuse to be examined as a witness and give evidence concerning any and all matters relating to such investi- gation when so required, shall be liable to the same penalties as though such subpoena had been issued by, or such person had refused to give evidence in the district court having jurisdiction. Whenever any person shall fail, refuse or neglect to obey such subpoena, or to give evidence concerning any matter pertaining to such investigation, the person conducting such examination may forthwith report in writing such disobedience, and file such report and such subpoena with proof of service thereof in the dis- trict court of the county where such investigation is being had, if in session, and if not, then with any judge of such court; there- upon such court or judge shall forthwith cause-such person so subpoenaed or refusing to give evidence to be brought before the court or judge and such court or judge shall thereupon im- pose like terms and penalties as though such person had been subpoenaed or had refused to testify or give evidence in any proceeding ,before such court or judge. Every person shall be obliged to attend as a witness at the place of such investigation when subpoenaed anywhere within the state, and shall be en- titled to the same fees and mileage, if claimed, as a witness in the district court, which fees, mileage and actual expense, if any, necessarily incurred in securing the attendance of witnesses and their testimony, shall be itemized and charged against and be paid by the company so being examined. Sec. 2. (3145) Impairment—notice and requisition —When- ever it appears to the department of trade and commerce from any proper showing made to it, or from any examination made, that the capital stock of any domestic insurance company is im- paired, or that its assets are insufficient to Justify its continuance in business, it shall at once determine the amount of such im- —147- pairment or deficiency, and thereupon issue a written notice to the company requiring its stockholders to make good the amount of the impairment or deficiency with eash or investments author- | ized by this article, or to reduce its capital stock, not below statutory requirements, within ninety days from the service of the notice. If the amount of any such impairment or deficiency shall not be made good within the time specified in such notice, and proof thereof filed with the department of trade and com- merece, the company shall be deemed insolvent, and shall be pro- ceeded against as an insolvent company in the manner authorized and directed by this article. No reduction of stock shall be made, except upon the vote of the stockholders approved by at least two-thirds of the directors. A duly certified copy of the pro- ceedings shall be filed’ in the office of the secretary of state, in the office of the county clerk of the county in which the principal office of the company is located, and in the office of the depart- ment of trade and commerce. The directors, after such reduction of capital, may require such stockholder to surrender his stock, and in lieu thereof may issue a new certificate for such number of shares as each shall be entitled to. See. 3. (3146) Impairment—mutual company—notice and requirement.—Whenever it shall appear from any proper show- ing, or from any examination made, that the assets and resources of any domestic mutual insurance company are insufficient to justify its continuance in business, the department of trade and commerce shall promptly determine the amount of such deficiency and thereupon issue a written notice and requisition to the direct- ors and officers of such company requiring them to make good the amount of such deficiency within ninety spk from the serv-. ice of such notice and requisition. Such notice and requisition may be served by registered let- ter, having affixed the proper postage and directed to the com- pany at its principal place of business in this state. Upon the service of such notice and requisition the directors and officers thereof shall forthwith cause such deficiency to be made good, and proof thereof to be filed in the office of the department of trade and commerce within the time specified in the notice and requisition, that the same has been made good. If such deficiency shall not be made good within the time specified in the notice —148- and requisition, and satisfactory proof thereof filed with the de- partment of trade and commerce, such company shall be deemed insolvent, and shall be proceeded against as an insolvent com- - pany in the manner authorized and directed by this article. Sec. 4. (8147) Delinquent companies—proceedings—liqui- dation—I. Whenever any domestic company is insolvent, or has refused to submit its books, papers, accounts or affairs to *the reasonable inspection and examination of the department of trade and commerce, or has neglected or refused to observe an — order of the department of trade and commerce, to make good within the time prescribed by law, any deficiency, whenever the capital of a stock company, or the reserve of a mutual company, shall have become impaired, or it has by contract of re-insurance, or otherwise, transferred or attempted to transfer substantially its entire property or business, or entered into any transaction the effect of which is to morge (merge) substantially its entire property or business in the property or business of any other eompany without first. having obtained the written approval of the department of trade and commeree, or is found, after an examination, to be in such condition that its further transaction of business would be hazardous to its. policy holders, or to its creditors, or to its stockholders, or to the public; or has wilfully violated its articles of incorporation or association or any law of this state, or whenever any trustee, director, manager or officer thereof has refused to be examined under oath touching its af- fairs, the department of trade and commerce may apply to the district court, or any judge thereof, in the county or judicial district in which the principal office of such company is located, for an order directing such company to show cause why the de- partment of trade and commerce should not take possession of its property, records and effects and conduct or close its busi- ness, and for such other relief as the nature of the case and the interest of its policy holders, creditors, stockholders or the public - may require. 2. On such application, or at any time thereafter, such court or judge may, in his discretion, issue an order restraining such company from the transaction of its business, or disposition of its property, records, and effects until the further order of the court. On the return of such order to show cause, and after a — —149- full hearing, the court shall either deny the application or direct the department of trade and commerce forthwith to take posses- sion of the property, records and effects, and conduct the busi- ness of such company, and retain such possession, and conduct the business until on the application of the department of trade and commerce, or of such company, it shall, after a like hearing, ap- pear to the court that the cause of such order directing the de- partment of trade and commerce to take possession has been removed, and that the company can properly resume possession of its property, records and effects, and the conduct of the busi- ness. 3. If, on a like application and order to show cause, and after a full hearing, the court shall order the liquidation of the business of such company, such liquidation shall be made by and under the direction of the department of trade and commerce, which may deal with the property, records, effects and business of such company in the name of the department of trade and com- merece or in the name of the company, as the court may direct and it shall be vested by operation of law with title to all the property effects, contracts and rights of action of such company as of the date of the order so directing it to liquidate. The filing or re- cording of such order in the office of the register of deeds in any county where property is located in the state shall impart the same notice that a deed, bill of sale, or other evidence of title, duly filed or recorded by such company would have imparted. 4. For the purpose of this section, the department of trade and commerce shall have power to appoint one or more special employees as its assistant, or assistants, and to employ such counsel and clerks as may be deemed necessary to give each of such persons such powers to assist the department of trade and commerce as the department of trade and commerce may con- sider proper. The compensation of such assistants, counsel and elérks, and all expenses of taking possession of and conducting the business of liquidating any such company, shall be fixed by the department of trade and commerce, subject to the approval © of the court, and shall on the certificate of the department of trade and commerce, be paid out of the funds or assets of such company. —150- 5. For the purpose of this section the department of trade and commerce shall have power, subject to the approval of the court, to make and prescribe such rules and regulations as the department of trade and commerce may deem proper. 6. The department of trade and commerce shall transmit to the legislature, in its annual report, the names of the com- panies so taken possession of, whether the same have resumed business or have been liquidated, and such other facts as shall acquaint the policy holders, creditors, stockholders and the publie with its proceedings under this section. 7. At any time after the court shall order the liquidation of the business of any such company, as provided in paragraph three of this section, the department of trade and commerce may apply for the dissolution of such company, and the same, after due notice and hearing, and such other procedure as the court shall deem proper, shall be dissolved. 8. This section shall also apply to any domestic company which is doing, has done, or is attempting to do, or representing that it is doing an insurance business in this state, or which is in process of organization intending, or representing that it is intending to do any such business therein. Sec. 5. (3148) May revoke certificate—Whenever any of the grounds mentioned in the next preceding section are shown to exist after a hearing upon notice to the company as to a do- mestic company, the department of trade and commerce may re- voke the certificate of authority of such company to do business instead of applying to the court, which order of revocation shall be subject to a review within forty days thereafter by the dis- trict court of the county in which the home office of such company is situated. All proceedings, however, shall be conducted there- after the same as if the suit had been originally instituted by the department of trade and commerce. Sec. 6. (8149) Same—foreign company.— Whenever any of the grounds mentioned in the second preceding section exist as to foreign or alien companies, the department of trade and com- merce shall revoke the certificate of authority of such company to do business in this state, which order of revocation shall be subject to review within forty days thereafter by the district —151- court of the county in which the capital of the state is located. An appeal by the company shall give the court full power over it, to deal with it and its property within this state as justice and equity may require; but such appeal shall not stay the opera- tion of the order of revocation, so far as it applies to the tran- saction or doing of new business. 3 Sec. 7. (8150) Foreign company—appointment of attorney for service.—The department of trade and commerce shall not issue a certificate of authority to transact any business of insur- ance in this state to any foreign or alien insurance company un- til it has executed and filed in the office of the department of trade and commerce, a written appointment of the department of trade and commerce to be the true and lawful attorney of such company in and for this state upon whom all lawful pro- cess In any action or proceeding against such company commenced in any county in this state may be served with the same effect as if it were a domestic company having its principal office in such county. The service upon such attorney shall thereafter be deemed service upon the company. Service of process against any such company may be had by serving duplicate copies upon the department of trade and commerce and upon such service being made upon it as such attorney, it shall forthwith mail by registered letter one of such duplicate copies of such process to such company at its home office, or general agency, or in the case of any alien company, to the resident manager, if any, in this country. The department of trade and commerce shall keep a record of all such processes which shall show the day and hour of service. See. 8. (8151) Increase or decrease of capital.—The de- partment of trade and commerce shall cause to be examined by its officers, the proceedings of every domestic insurance company to increase or reduce is capital stock, and if found comformable to law and approved by the department of trade and commerce, shall issue a certificate of authority to such company to transact business upon such increased or reduced capital. It shall require a vote of one-half of the capital stock to increase or decrease the same. Sec. 9. (3152) Annual statement blanks.—The department of trade and commerce shall, annually, in December, furnish to —152- each insurance. company, authorized to do business in this state, two or more blank forms on which to make its annual statement to the department of trade and commerce. Sec. 10. (8153) Records of department.—The department of trade and commerce shall preserve in a permanent form a record of its proceedings, and the acts and proceedings of its officers, including a concise statement of the results of all in- vestigations or examinations of insurance companies; and a cer- tificate under the seal of the department of trade and commerce relative to the authority of the company agent or broker to transact business in this state upon any particular date, shall be received by any court in this state in lieu of the testimony of the secretary of the department of trade and commerce. Sec. 11. (8154) Report—contents—printing.—The depart- ment of trade and commerce shall transmit to the governor, ten days prior to the opening of each session of the legislature, a report of its official transactions, and containing, in.a condensed form, the statements made to the department of trade and com- merce by every insurance company authorized to do business in this state, pursuant to the provisions of this.article, as audited and corrected by it, and arranged in tabular form or in abstracts, in classes, according to the kind of insurance, and which report shall also contain: 1. A statement of all insurance companies authorized to do business in this state during the year ending the thirty-first day of December next preceding, with their names, locations, amounts of capital, dates of incorporation and of the commencement of business and kinds of insurance in which they are engaged re- spectively ; , * 2. A statement of the insurance companies whose business has been closed since making the last report, and the reasons for closing the same, with the amount of their assets and liabilities so far as the same are known or can be ascertained by the de- partment of trade and commerce; 3. The names and compensation of the officers and em- ployees employed by it, and the whole amount itemized, of the expenses of the department of trade and commerce during such period ; SB % 4. Any amendments to this article, which, in the judgement of the department of trade and commerce, may be desirable. In addition to one hundred and fifty copies of the insurance report for the use of the legislature there shall be printed and bound by the state the necessary number of copies thereof for the use of the departmnt of trade and commerce. The depart- ment of trade and commerce shall also compile and have printed by the state all books and insurance laws in pamphlet form for distribution. See. 12. (8155) Fees.—The department of trade and com- merece shall require, in advance, the following fees: For filing and examination of the first application of any company or asso- ciation, and issuing of the certificate of license thereon, fifty dollars; except assessment associations which shall pay a fee of ten dollars only; for filing each subsequent annual statement herein required, and issuing the certificate of license thereon, twenty dollars, except assessment associations which shall pay a fee of two dollars only; for each certificate of authority to a company or association incorporated by or under the laws of any other state or country, or any agent or agents of such com- pany, two dollars; for each certificate of authority issued to any domestic company, or any agent or agents of such company, fifty eents; for filing any report which may be required by the depart- ment of trade and commerce from any unincorporated mutual association, two dollars; for every copy of any paper filed as herein provided, the sum of ten cents per one hundred words or fraction thereof, and fifty cents for certifying to the same and affixing the seal thereto. All of such fees shall be paid in advance into the state treasury, and by the state treasurer placed in the account of and for the use of the general fund. Sec. 13. (3156) Who agents represent.—Every agent or broker who shall solicit an application for insurance of any kind shall, in any controversy between the insured or his beneficiary — and the company issuing any policy upon such appleation, be regarded as representing the company and not the insured. See. 14. (8157) Fees for examination.—Every insurance company of every kind or class now engaged or that may here- after be engaged in the business of insurance in this state, upon a 4 ba any examination being made of its affairs by the department of trade and commerce or by any person authorized by said depart- ment of trade and commerce, shall pay the fees and expenses of such examination in the following manner: Immediately after the completion of any examination of any insurance company doing business in this state, the officer or person authorized to make examination shall make out an itemized bill for services as such examiner, which shall include hotel and traveling ex- penses, and the cost of any assistants that shall be necessary, to- gether with the sum of ten dollars per day for services, including the time of going to and from the place where such examination - is made. The same shall be filed with the insurance company examined, and such insurance company shall immediately remit the amount due for such examination in the name of the state treasurer; and such remittance shall be sent to the department of trade and commerce, and by it, paid into the state treasury. The examiner, upon making such examination and investigation, shall prepare an itemized statement of the expenses involved in making such examination. Upon presentation of such voucher to the state auditor, properly signed and sworn to by the person making such examination, countersigned by the department of trade and commerce, the auditor is hereby authorized to draw _his warrants against the general fund therefor, in the same man- ner in which warrants are drawn for the payment of other bills. In cases where the examination is made by other than an officer or regular employee of the board he shall be compensated for his services in addition to the expenses as stated herein and in the same manner and amount. Sec. 15. (8158) License revoked on removal of suit.—When- ever there shall be filed with the department of trade and com- merce a certified copy of the petition filed in any district court of this state by any foreign or alien insurance company or asso- ciation doing business in this state, showing that any such com- pany or association has removed any suit between itself and a citizen, or citizens, of this state to the federal court, the depart- ment of trade and commerce shall forthwith cancel, revoke and annul the authority of such company or association to transact the business of insurance in any of its forms in this state. Sec. 16. (3159) Same—reinstatement.— When the authority —155- of any foreign or alien insurance company or association to trans- act the business of insurance in this state has been cancelled, revoked and annulled pursuant to the provisions of the next pre- ceding section, it shall be unlawful for the department of trade and commerce to again authorize or license such company or association to transact the business of insurance in any of its forms in this state until the expiration of three years from and after the date of such cancellation, revocation or annulment. Sec. 17. (Ch. 72, 1917) Reciprocal licenses—taxes.— When- ever the laws of any other state, or the rules and regulations of the insurance department of any such state, shall require of in- surance companies organized under the laws of this state any deposit of securities or money in such state for the security of the policy holders, or any payment of taxes, fines, penalties, certi- ficates of authority, licenses or fees, or any other duties, examina- tions or acts than are by the laws of this state required of such companies organized under the laws of such other state, then the department of trade and commerce shall immediately re- quire from every insurance company of every kind and character whatever of such other states, transacting, or seeking to transact business in this state, a like payment of all licenses, taxes, fines or penalties, and a like making of all deposits of securities and statements and the like doing of all acts which by the laws or rules of the insurance department of such other state, are in excess of the licenses, fees, fines, taxes, deposits, statements, penalties, acts, examinations or duties required by the laws of this state of the companies of such other states. Whenever the laws of any other state, or the rules and regulations of the in- surance department of any such state, shall require of insurance companies organized under the laws of this state the payment of loan, surrender or non-forfeiture values to policy holders of such | companies within such other state or states, based upon a minimum rate of interest less than that used by such Nebraska company, or companies, in computing the amount of such loan, surrender or non-forfeiture values to be paid to its policy holders within this state, then, as a condition precedent to a company organized under the laws of such other state, being permitted to conduct or continue to conduct business in this state, the de- partment of trade and commerce may require that such company —156-— shall compute the loan, surrender or non-forfeiture values to be ‘paid to Nebraska policy holders, by such company or companies, of such other state on the basis of a minimum interest rate less than the interest rate used by such company or companies as a basis for such loan, surrender or non-forfeiture values in its home state, by an amount equal to the difference between the rate used by such Nebraska company or companies in computing such values to be paid to its policy holders in this state and the minimum rate required by such other state or states, to be used by such Nebraska company or companies in computing the amount of such values to be paid by it to its policy holders in such other state or states. Whenever the laws of any other state or the rules and regulations of the insurance department of such state shall require of, or place restrictions upon, or fix the quali- fication for insurance agents residing in this state, but who are doing, or desire to do, business in such other state or states, other or different than in this state, are required of, placed upon or fixed for insurance agents residing in such other state or states, but who are doing or desire to do, business in this state, then the department of trade and commerce of this state may make the same requirements of, or place the same restrictions upon, or fix the same qualifications for all insurance agents residing in such other state or states, who are doing, or desire to do, business in this state, as are, by such other state, or states, required of, placed upon or fixed for insurance agents residing in this state, but who are doing, or desire to do business in such other state or states. Sec. 18. (3161) Unauthorized companies—agents—hire— service.—The department of trade and commerce in consideration of a yearly payment of one hundred dollars and the furnishing of a bond as hereinafter provided, may issue to any citizen in this state, a license revocable at any time, permitting the party named in such license to place or effect insurance upon risks located in this state with companies not licensed to do business in this state. No person shall place, procure or effect insurance upon any risk located in this state in any company not licensed to do business in this state until such person shall have first procured a license from the department of trade and commerce as pro- vided in this section and has furnished a bond to the state of Nebraska in the penal sum of not less than five hundred dollars, —157- nor more than three thousand dollars, the amount thereof to be fixed by the department of trade and commerce with. sureties thereon to be approved by the department of trade and com- merce conditioned that he will conduct such business in acecord- ance with the provisions of this section, and will pay the taxes assessed against such company. Every such agent shall keep a true and complete record of the business transacted by him, showing: 1. The exact amount of each insurance; 2. The gross premiums charged therefor ; 3. The return premium paid thereon; 4. The rate of premium charged for such insurance upon the different items of property ; 5. The date of such insurance and terms thereof; 6. The name and address of the compauy making such in- surance; 7. The name and address of the insured and a brief and general description of the property insured, where located, and such other facts and information as the department of trade and commerce may direct and require, which record shall at all times be open and subject to the inspection and examination of the department of trade and commeree or its officers. Every policy procured and delivered under the provisions of this section shall have stamped upon it and be initialed by the agent clearing the same in this state the following: oe Beare nua econ Us ROK oo NOK the, DEOVISIONS of the laws of Nebraska relating to insurance.’’ Every agent who places, effects or delivers any insurance or insurance policy, as provided in this section shall annually on or before the fifteenth day of February, in each year make and file with the deparment of trade and commerce a verified statement upon a form prescribed by the department of trade and commerce, which shall exhibit the true amount of all such business transacted during the year ending on the thirty-first day of December next preceding the making thereof, showing the gross amount of each kind of insurance, the gross premiums — “183 charged, the aggregate amount of return premiums paid to the insured, the amount of net premiums, and such other facts as the department of trade and commerce may prescribe and require. The agent making such statement shall list with the proper as- sessor the premiums received and pay taxes thereon in the same manner as other foreign companies. Before any insurance shall be procured, or effected under such license, there shall be executed by such agent, and by the party or his authorized agent desiring insurance, an affidavit, which shall be filed with the department of trade and commerce within thirty days after procuring such insurance. Such affidavit shall set forth that the party desiring insurance is, after diligent effort, unable to procure the insurance required to protect the property owned or controlled by him, from the companies licensed to transact business in this state. Every company making insurance under the provisions of this section shall be held to be doing business in this state as an unlicensed company and may be sued upon any cause of action arising under any policy of insurance so issued and delivered by it in the county where the agent who registered or delivered such policy resides or transacts business, by the services of sum- mons made upon such agent for such company. Upon service of summons being had upon such agent, the court in which the ac- tion in (is) begun shall be deemed to have duly acquired jurisdic- tion in persona of the defendant company so served. Every such agent who fails or refuses to make and file such ~ annual statement shall be fined the sum of twenty-five dollars for each day of such delinquency, after the date upon which it should be filed and if he shall violate any of the provisions of this section, the license of such agent shall be immediately re- voked by the department of trade and commerce and no license shall be issued to him within one year from the date of such revocation, nor until the department of trade and commerce shall be satisfied that full compliance with the provisions of this section will be had. Sec. 19. (8162) Business to be placed with solvent com- panies—penalty.—Every agent or broker, transacting business under the provisions of the next preceding section, shall ascer- _ —159- tain the financial condition of each company before the (he) procures a policy of insurance therefrom, or places any insurance with such company. Any agent or broker, who knowingly places any insurance with, or procures any insurance from any com- pany whose unimpaired capital if a stock company, or if other than a stock company, whose cash assets are less than two hun- dred thousand dollars after providing for re-insurance reserve on the pro rate basis, shall be fined not less than twenty-five dollars nor more than one hundred dollars, and his license shall be immediately revoked by the department of trade and com- merce. Sec. 20. (8163) Existing companies may continue.—Every domestic insurance company, association or society previously organized and licensed to transact business in this state at the time this article goes into effect, is hereby recognized as an exist- ing company, and shall have the right to continue such business under the provisions of this article. Sec. 21. (8165) Officers of company.—The directors of every stock company and the board of directors or policy holders of every mutual company or assessment association, as provided in the articles of incorporation, may elect such officers as are neces- sary to conduct the business of the company, including a presi- dent, secretary and treasurer thereof, and such other officers and employees as may be required to carry on the business of the company, and may fix their terms of office or employment, their salaries and compensation and which shall not be in conflict with _ any of the provisions of this chapter relating thereto. ARTICLE IV. GENERAL PROVISIONS. Section 1. (8166) Application of general laws.—The gen- eral provisions of law relating to the powers, duties and liabili- ties of corporations, and the incorporation thereof, excepting as otherwise provided herein, shall apply to all incorporated insur- anee companies so far as such provisions are applicable or per- tinent to and not in conflict with other provisions of the law relating to such companies. But no insurance company shall be required to publish a notice of its indebtedness. —160- Sec. 2. (3167) Certificates of authority——No insurance company shall transact any insurance business in this state unless it has received a certificate of authority from the department of trade and commerce to do so. This certificate shall expire on the last day of April in each year and shall be renewed annually if the company has continued to comply with the laws of this state, and the rules and regulations of the department of trade and commerce. Authority to do an insurance business in this state shall be refused any company hereafter organized whose organization and promotion expenses exceed ten per cent. of the par value of the stock actually sold for cash. 7 Sec. 3. (3168) Name of company to appear on poles Every insurance company shall conduct its business in this state in its own name, and the policies and contracts of imsurance is- sued by it shall be headed or entitled by such name. Two or more companies may jointly issue an underwriter’s policy, upon which must appear the names of the companies guaranteeing the same, and such companies shall be jointly and severally liable : thereon: Provided, this limitation shall not apply to any insur- ance company admitted to this state and issuing an underwriter’s policy prior to the passage and approval of this article, nor, in the discretion of the department of trade and commerce, to any insurance company desiring to issue an underwriter’s policy after the passage and approval of this Article. See. 4. (3169) Unlawful use of name.—It shall be unlaw- ful for any insurance company to permit the use of its name, or for any other company, person or firm to use the name of any insurance company in such a way as to deceive or mislead the public. The violation of this section by an insurance company will be ground for the revocation of its license, and the person, firm or corporation so using the name of an insurance company shall be punished by a fine of not exceeding one hundred dollars for each offense. Sec. 5. (3170) Policy issued in name of party in interest.— No policy of insurance shall be issued upon any property except in the name of some party having an interest in the property. Sec. 6. (3171) Who governed by law.—All domestic in- surance companies, and insurance agent, solicitor, broker, sur- —161- veyor or adjuster doing business in this state, and all insurance business transacted in whole or in part within or outside of this state, the subject and matter of which is located wholly or in part in this state, shall be subject to and be governed by this article, and the records of such insurance company, agent, solicitor, broker, surveyor or adjuster doing business in this state shall be subject to inspection and examination of the department of trade and commerce. See. 7. (8172) ‘‘Agent’’ defined.—Any person, firm or cor- poration in this state who shall with authority receive or receipt for any money on account of, or for any contract of Insurance made by him or them, or for any such insurance company or individual aforesaid, or who shall with authority receive or re- ceipt for money from other persons to be transmitted to any such company or individual aforesaid for a policy or policies of insurance, or any renewal thereof, although such policy or poli- cies of insurance may not be signed by him or them, as agent or agents of such company, or who shall in any wise make or cause to be made any contract or contracts of insurance, for or on account of such company aforesaid, shall be deemed, to all intents and purposes, an ‘‘agent’’ or ‘‘agents’’ of such company. See. 8. (3178) Preliminary requirements—papers to be filed. —Every insurance company before engaging in the business of insurance in this state must file in the office of the department of trade and commerce a legally authenticated copy of its charter, articles of incorporation, or association or record of its organiza- tion and by-laws as follows: 1. If a domestic company, a copy of its articles of incor- poration, or association together with any amendments or altera- tions made therein ; : 2. If a foreign or alien company, a copy of its articles of mcorporation or charter and by-laws, including all amendments or alterations made therein, with a certificate duly certified by the officer having the custody of such articles or charter, under. his seal of office, that such company is duly authorized under the laws of such state or country to do business therein, and a certificate showing the amount of capital stock and assets as required by this article, together with a copy of its last annual a6 statement made in the state or country where it is organized, duly certified : 3. Furnish such other information and copies of all other papers which the department of trade and commerce may require. See. 9. (8174) Capital and assets required—foreign com- pany.—No foreign or alien insurance company shall be permitted to transact any business of insurance in this state unless it pos- sesses, in its own exclusive name and right, paid up, unimpaired capital stock, if a stock company, or must own, have and possess, in its own exclusive name and right, net assets unimpaired of the kind required by this chapter, if a mutual company, equal to the minimum amount of the paid up capital, or assets required by this article to entitle any domestic insurance company. to transact a like business. No part of said minimum eapital or assets shall consist of the capital stock of its own or any other insurance company. No alien insurance company shall be author- ized to transact any business of insurance in this state unless it shall have deposited with: the insurance department of some one state in the United States not less than two hundred thousand dollars in approved securities for the benefit of all its policy holders in the United States. ‘See. 10. (Ch. 78. 1917) Insurance companies—authorized investments.—The capital stock of every domestic insurance com- pany shall be invested and kept invested to the extent of the minimum capital required by law as follows: 1. In legally executed bonds, warrants and securities of the United States or the District of Columbia, or of any state of the United States not estimated above their par value, nor their eur- rent market value: or, | 2. In legally executed bonds, warrants and securities of any county, incorporated city or school district in any state which has not defaulted in the payment of interest on any of its bonds, warrants or securities within three years, and which shall not — be estimated above their par value nor their current market value: or, 3. In legally issued bonds or notes secured by first mort- gage on real estate in this or any of the other states of the United States worth, with the improvements thereon, at least double the —163-— sum loaned thereon. Where buildings or other improvements constitute a material part of the value of the mortgaged premises, they shall be kept insured against loss or damage by fire in a reasonable amount for the benefit of the mortgagee. 4. The residue of the capital, together with the surplus and other funds of every such company, may be invested in or loaned on the pledge of any of the above securities; or in any bonds of drainage or irrigation districts within the state of Nebraska o1 other state within the United States of America, or bonds issued by any farm loan bank doing business under authority of the United States of America, but such funds shall not be invested in or loaned opon any other bonds or obligations which shall not be secured by adequate collateral security or where more than one-third of the total value of the collateral security therefor shall consist of shares of stock: Provided, the amount loaned on real property or mortgages thereon does not exceed fifty per cent of the reasonable cash market value of such property, and the requirements as to keeping the improvements thereon insured is observed. Said funds may also be loaned by a life company on any of its policies, not exceeding the legal reserve thereon. See. 11. (8176) Same—foreign company.—The capital and funds of every foreign or alien insurance company shall be in- vested and kept invested in the same class of securities specified for domestic insurance corporations, except that securities author- ized by the law of the home state, or country, of such company may be recognized as legal investments, in the discretion of the department of trade and commerce. Sec. 12. (3177) Domestic company may acquire real estate. —Every domestic insurance company may invest in such real property as shall be requisite for its home offices in the transac- tion of its business, and may rent the balance of any space there- in. No such investment shall hereafter be made in excess of twenty-five per cent. of the amount of its admitted assets. It may also acquire such other real estate: 1. As shall have been mortgaged to it in good faith by way of security for a loan previously contracted, or for money due; 2. Such as may be conveyed to it in satisfaction of debts previously contracted in the course of its dealings; —164— 3. Such as may be purchased at sale upon judgments, de- crees or mortgages obtained or made for such debts. If such company acquires title to or a lien upon any prop- erty or securities which it may not otherwise invest in, or loan its funds upon, it shall dispose of the personal property within two years and the real property within five years from the time of acquiring the same. The department of trade and commerce, upon proper showing, may extend such period a reasonable time not exceeding three years. See. 13. (Ch. 74, 1917) Domestic companies—deposit of securities.—Every domestic company, excepting fire, lightning and tornado assessment associations, shall deposit all of its in- vestment securities, not including premium notes, with the de- partment of trade and commerce for the benefit of its policy holders until they aggregate the sum of one hundred thousand dollars, and thereafter keep such amount of its securities de- posited with the department of trade and commerce and no more, as near as may be practicable:’ Provided, any domestic insurance company desiring to transact business in any other state may deposit with the department of trade and commerce securities to the amount and value required by such other states as a con- dition to the permission to do business therein by such company. As long as the company-remains solvent, it may collect the in- terest on all of its securities so deposited and it may withdraw any of them by depositing other of equal value. The department of trade and commerce shall give to each company a receipt for every. security deposited. Every such company shall, on or be- fore the third day of January and July of each year, file with the department of trade and commerce, a true list of all its securities not so deposited with the department of trade and commerce held by such company on the last day of the preceding month. The department of trade and commerce, as often as it is deemed advisable, may cause an examination to be made of the securities held by any such company. Sec. 14. (8179) Prohibition upon officers.—No director or officer of any domestic company doing business under this article shall receive any money or valuable consideration for negotiat- ing any loan for any such company, or for selling or aiding in —165- i the sale of any property to or by the company, nor shall such director or officer borrow money from, or buy from or sell to any such corporation, any property. No. investment, sale or loan, except loans on its own policies shall be made, which has not first been authorized by the board of directors, or by a commit- tee thereof, charged with the duty of investing or loaning the funds of the company; nor shall any deposit be made in a bank or banking institution in excess of the sum of two thousand dollars, unless such bank has first been approved as a bank of deposit by the board of directors or such committee thereof, and unless a vote of the board or such committee thereof authorizing such investment, sale or loan or approval of the place of deposit, has been duly recorded in the books of the company. Sec. 15. (8180) Losses—deposits.—Whenever any company shall sustain losses in excess of its other resources, the depart- ment of trade and commerce, upon proper showing, may turn over to it so much of its securities as shall be Heasicy to pro- vide funds to pay its loses (losses), and such securities shall not be used for any other purpose. The department of trade and commerce may allow such company a reasonable time within which to deposit other securities in an amount equal to those withdrawn. Any company enterning (entering) into a reinsur- ance contract whereby its entire business is reinsured as provided in this chapter may, upon a showing that all its outstanding ob- ligations have been paid or assumed by the reinsurance company, withdraw all its securities deposited with the department of trade and commerce. Sec. 16. (Ch. 75, 1917) Annual statement.—Every insur- ance company doing business in this state, unless otherwise pro- vided or excepted in this article, must make and file with the department of trade and commerce, on or before the first day of March of each year, a statement under oath for the year ending December 31st immediately preceding upon a form to be pre- seribed and furnished by the department of trade and commerce, which form shall at least include the substance of that required . by what is known as the ‘‘convention’’ blank form, adopted from year to year by the national convention of insurance com- missioners, and shall also include the salaries and compensations of the officers and any other information required by the depart- Beil 155 hg " —166- ment of trade and commerce. The department of trade and commerce shall not issue any license to any company, either domestic or foreign, until.the said company has complied with all the provisions of this section. Sec. 17. (8182) Salaries—officers——No domestic company shall pay any salary, compensation or emolument to any officer, trustee or director thereof, in excess of a reasonable compensa- tion for the services performed by such person and in no ease amounting in any one year to more than five thousand dollars, to any person, firm or corporation unless a greater sum shall be first authorized by a vote of two-thirds of the board of directors of such company, if a stock company, duly recorded in the minutes of the board meeting; and if a mutual or assessment company, unless a greater sum shall be first authorized by a vote of two- thirds of those present in person or by proxy, of the policy hold- ers of such company, at an annual meeting, duly cast and re- corded in the minutes of such meeting. No such company shall | make any agreement with any of its officers or employees except soliciting agents whereby it agrees that for any services ren- dered, or to be rendered, they shall receive any salary or com- pensation that will extend beyond a period of five years from the date of such agreement; nor shall it pay any pension what- soever. No officer, director or trustee who is paid a salary for his services of more than two hundred dollars per month, sal receive any other compensation. Sec. 18. (8183) Vouchers for expenditures.—No domestic company shall make any disbursements of twenty-five dollars or more unless the same be evidenced by a voucher signed by or on behalf of the person, firm or corporation receiving the money and correctly describing the consideration for the payment. If the expenditure be for both services and disbursements, the vouchers - shall set forth the services rendered and an itemized statement of the disbursements made. If the expenditure be in connection with any matter pending before any legislature or public body, - or before a department or officer of any state or government, the voucher shall correctly describe, in addition to the nature of the matter, the interest of such company therein. When such vouchers cannot be obtained, the expenditure shall be evidenced by an affidavit of some officer of the company describing the —167- character and object of the expenditure and stating the reason for not obtaining such vouchers. See. 19. (3184) Business authorized.—No domestic insur- ance company shall transact any business other than that specified in its articles of incorporation and no foreign or alien company admitted to transact business in this state shall transact any other kind of business than that which it has been authorized by the laws of the state or country of its incorporation to do. Sec. 20. (8185) Policy provisions voided.—No insurance company shall issue in this state any policy or contract of insur- ance containing a provision, stipulation, or agreement that such policy shall be construed according to the laws of any other state or country, or any provision limiting the time within which an action may be brought to less than the regular period of time prescribed by the statutes of limitations of this state, unless otherwise prescribed by this article. See. 21. (3186.) Combination agreements prohibited.—If any insurance company authorized to transact business in this state, or any agent or representative thereof, shall, either within or outside this state, directly or indirectly enter into any con- tract, understanding or combination with any other insurance company, or agent or representative thereof for the purpose of controlling the rates to be charged for insuring any risk or class or classes of risks in this state, the department of trade and commerce shall forthwith revoke its license, and those of its agents, and no renewal of the license shall be granted until after _ the expiration of one year from the date of final revocation. Sec. 22. (8187) Warranty not avoid policy unless decep- tive.—No oral or written misrepresentation of warranty made in the negotiation for a contract or policy of insurance by the insured, or in his behalf, shall be deemed material or defeat or avoid the policy or prevent its attaching unless such misrepre- sentation or warranty deceived the company to its injury. The breach of a warranty or condition in any contract or policy of insurance shall not avoid the policy nor avail the insured to avoid liability unless such breach shall exist at the time of the loss and contribute to the loss, anything in the policy or contract of insurance to the contrary notwithstanding. ~168- Sec. 23. (8188) Insurance to be placed through agents.—: No insurance company admitted to do business in this state ~ shall write, place or cause to be written or placed, any policy of insurance covering risks located or residing in this state, except through or by a duly licensed agent of such company residing within or licensed by the department of- trade and com- merce, except that any officer of a domestic company may write or place a policy of insurance if done at the home office of such company. Sec. 24. (8189) Dividends to be paid from earnings.—It shall be unlawful for the officers, directors, trustees or managers of any domestic insurance company to declare or pay any divi- dends, except from the surplus profits arising from its business, which shall be ascertained in accordance with the requirements and. provisions of this article. i Sec. 25. (8190) False statements as to assets prohibited.— No insurance company, or agent or solicitor thereof shall any- where publish, represent or advertise assets except those actual- ly owned by the company in its own exclusive right available for the payment of losses and claims and held for the protection of its policy holders and creditors; or make any false or mis- leading statements, or suppress any of its liabilities. ; Sec. 26. (3191) Advertisement of capital and surplus.— Every advertisement or public announcement, and every sign, circular or card issued by any insurance company doing busi- ness in this state, purporting to show its financial condition, shall correspond with or include the corresponding items from its veri- fied statement made to the department of trade and commerce. For violation of this or the preceding section by a company, it shall be fined for the first offense the sum of two hundred and fifty dollars, and for every subsequent offense, the sum of five hundred dollars. Sec. 27. (8192) Agents—admitted companies.—No person shall act as soliciting agent or broker for any insurance company in the transaction of any business of insurance within this state, or negotiate for or place risks for any such company, or in any way or manner aid such company in effecting insurance in this state except as provided in section 18 of Article III, unless such —169- company shall in all things have complied with the provisions of this Article. Every insurance soliciting agent or broker shall annually procure a license from the department of trade and commerce which shall make and keep a record thereof. Only a natural person shall be licensed as an agent or broker and every license shall expire on the last day of April in each year. See. 28. (Ch. 76, 1917) Agents—application for license.— No license shall be issued to any agent, except upon application of the company upon a form to be furnished by and filed with the department and no license shall be issued for any broker’s license until such applicant shall have filed an application there- © for upon a form furnished by the insurance board. The depart- ment shall furnish to each insurance company application blanks to be filled out and signed by the agent applying for the license. The application blanks shall require the agent to state his name, residence, the name or names of any insurance companies he may have worked for, or solicited insurance for in the past, together with their address, and whether or not he was dis- charged or voluntarily left the employment of such other com- pany or companies; it must also show how long applicant has been engaged in the insurance business and in what branches. The agent shall also state in said application whether or not he owes said insurance company or companies any money for premiums collected by him and not turned over to said company, or for money advanced by said company or companies and not paid back. He shall also state whether he violated any of the insurance laws of the state while he was in the employ of said company or companies. The statements and answers made in the applications shall have the same force and effect as if sworn to. If said application of said agent shows that such applicant owes _ any insurance company money for premiums collected or money advanced, or that said applicant violated any insurance laws of this state or of any state where he may have been employed aS an insurance agent, then in that case it shall be the duty of the department to withhold the license applied for. It shall also be the duty of the department to withhold any license applied for when it is satisfied that the principal use of such license is to effect insurance upon the property, life, health, or liability of such person, his employer, or employee, or to circumvent the en- ‘ —170- forcement of the antirebate law. If a license shall be granted to said applicant and the application, or ‘any statement therein contained is found to be untrue, then in that case the depart- ment shall at once cancel said license. Upon the filing of an affidavit, duly verified by two residents of the State of Nebraska that an agent holding such a license has misrepresented the pro- visions of any policy of insurance in the solicitation or sale of such a policy, alleging the facts constituting such misrepresenta- tion, the department shall file such affidavit in the office of the county judge of the county in which such misrepresentation is alleged to have been made and upon the filing of such affidavit a cause shall be docketed as in other civil cases in county courts, the agent being designated the defendant. A summons shall be issued for the defendant, which summons may be served in any county in this’ state where the defendant may be found, and upon the return day of the summons if a continuance be not granted a trial shall be held to the court without a jury, at the conclusion of which the court shall make a finding of the facts and law. In case the finding of the court is that said complaint is sustained, the judgment of the court shall be that the defend- ant’s license be cancelled and that the defendant pay the costs, and if the finding be that the complaint is not sustained, the action shall be dismissed at the cost of the complainants. Pro- vided, that either party may appeal to the district court, by giving bond, as in other civil cases. Sec. 29. (8194) Revocation of agent’s license—Upon the notice and hearing, the department of trade and commerce may revoke for a period of not less than thirty days, nor for more than one year, for the first offense, and for a period of not less than two years nor more than five years for the second of- fense, the license of any agent or broker who violates any of the provisions of this article, or if he obtained the license origin- ally, to circumvent the enforcement of the anti-rebate provision hereof, or if he has been guilty of fraudulent practices. Sec. 30. (38196) False statement in application—Any agent, broker, examining physician or other person, who knowingly and wilfully makes a false or fraudulent statement, or misrepresenta- tion, in or relative to an application for insurance, or who makes any such statement for the purpose of obtaining a fee, commis- —171- sion, money or benefit in a company transacting such business under the provisions of this article shall be fined not less than twenty-five dollars nor more than one hundred dollars. | See. 31. (3197) False proof—penalty.— Whoever, knowing it to be such, presents or causes to be presented, a false or fraudu- lent claim, or any proof in support of a false or fraudulent claim for the payment of a loss upon a contract of insurance, or pre- pares, makes or subscribes to a false or fraudulent account, certificate, affidavit or proof of loss or other document in writ- ing, with intent that the same be presented or used in support of such claim, shall be fined in any sum not exceeding five hun- dred dollars. ; Sec. 32. (3198) Violations to be reported.—Every insurance company, agent, solicitor or broker, and every person or party having knowledge of violation of any of the provisions of this article, is required to promptly report the facts and circumstances pertaining thereto to the department of trade and commerce, which report and the name of the informant may be held con- fidential by the department of trade and commerce, its officers, assistants and employees and not be made public. See. 33. (8199) Annual meetings.—Every domestic com- pany, association or society shall hold an annual meeting of its stockholders, if a stock company, and of its members, if a mutual company, or an assessment association or society, in the month of January or February for the purpose of receiving the report of its officers and directors and to elect directors, and transact such other business as may be lawful for it to do. Each share of stock in a stock company and each policy holder in a mutual company or assessment association shall be entitled to one vote in the election of directors, and on all matters coming before the: meeting, and if unable to attend in person may appoint any officer, stockholder or member his proxy to vote his stock or policy, as the case may be. All proxies shall be filed with the company at least five days prior to the day of the meeting, and they shall expire within six months from their date, unless other- wise provided in the application or policy. Sec. 34. (3200) Insurance applied to insured’s interest.— When the name of the party intended to be insured is specified —172- in a policy such insurance can be applied only to his own proper interest. Sec. 35. (3201) Insurance to agent.— When insurance is is- sued to an agent or trustee, the fact that his principal or bene- ficlary is the person really insured is sufficiently indicated by describing him as agent or trustee or by other general words in the policy. Sec. 36. (8202) Insurance effected, joint or partnership in- terest.—To render an insurance effective by one partner or part owner applicable to the interest of his copartner or other owner, it is necessary that the terms of the policy should be such as are applicable to the joint or partnership interest. Sec. 37. (8203) Insured intended—proof.—When the de- scription of the insured in the policy is so general that it may comprehend any person or class of persons, he only can claim the benefit of the policy who can show that it was intended to include him. See. 38. (8204) Policies subject to inspection.—The depart- ment of trade and commerce and its employees shall have the- right at any time to inspect any policy covering any risk in this state; and every policy holder shall procure and exhibit any policy in his possession or control, when required for the inspec- tion of the department of trade and commerce or its assistants or employes. | Sec. 39. (8205) Policy fee forbidden.—lIt shall be unlawful for any insurance company, association or society, or for any officer, manager, agent or other representative thereof, to in- clude in the sum charged or designated in any policy as the consideration for insurance, any fee, compensation, charge or perquisite whatsoever not specified in the policy. When eol- lected the same shall be reported as such. Sec. 40. (3206) Agent to report exact consideration.—Every agent or other representative of any company issuing a policy - on its own behalf in this state shall report to the company the exact consideration charged and written in the policy as a premium for the risk. Sec. 41. (8207) Penalty for violating preceding sections.— Whoever violates any of the provisions of either of the three -173- next preceding sections shall be fined in any sum not less than twenty dollars nor more than one hundred dollars. See. 42. (3208) Cancellation of policy by insured.—Any company or association transacting the business of insuring prop- erty against loss or damage from any cause shall, except as is otherwise provided in this Article by any provisions applicable to:any class of insurance companies, cancel any policy of insur- ance at any time upon the request of the party insured, his assignee or legal representative, and return to said party, or his representative, the amount of premium received by the company as stated in the policy after deducting the customary short rate premium for the expired time of the full term for which the policy was issued or renewed, anything in the policy to the con- trary notwithstanding. Any company or association also re- serves the right to cancel any policy or any part thereof by ten- dering to the assured the paid unearned premium. See. 48. (8209) Identity of names.—No company, associa- tion or society organized under this article shall take any name in use by any other company, association or society, or so closely resembling such name as to mislead the public as to its identity. Sec. 44. (8210) Value of policy—Whenever any policy of insurance shall be written to insure any real property in this state against loss by fire, tornado or lightning, and the property insured shall be wholly destroyed, without criminal fault on the part of the insured or his assignee, the amount of the insurance written in such policy shall be taken conclusively to be the true value of the property insured and the true amount of loss and measure of damages. Sec. 45. (3211) Attorney’s fee—The court, upon rendering judgment against the insurance company upon any such policy of insurance mentioned in the next preceding section, shall allow the plaintiff a reasonable sum as an attorney’s fee, to be taxed as part of the costs. If the cause is appealed, the appellate court shall in like manner allow the plaintiff a reasonable sum as an attorney’s fee for the appellate proceedings. See. 46. (8212) Insurance—action—attorney’s fee.—In all eases where the beneficiary, or other person entitled thereto, brings an action at law upon any policy of life, accident, liability, —174— sickness, guaranty, fidelity or other insurance of a similar nature, or upon any certificate issued by a fraternal beneficiary associa- tion, against any company, person or association doing business in this state, the court, upon rendering judgment against such company, person or association, shall ‘allow the plaintiff a reason- able sum as an attorney’s fee in addition to the amount of his recovery, to be taxed as part of the costs, and if such cause is appealed the appellate court shall likewise allow a reasonable sum as an attorney’s fee for the appellate proceedings. See. 47. (8213) Surrender values prohibited.—No company, association or society, other than a legal reserve life insurance eompany, shall hereafter give or promise any cash surrender values in its policies whatever, except for the unearned premium. Each aceident corporation which has heretofore issued policies providing for a cash surrender value at any given period shall value such policies as pure endowments based upon an experi- ence table and the rate of interest authorized by this article. This reserve shall be in addition to the unearned premium reserve of such a company. Every policy heretofore issued by any other insurance corporation shall be valued either according to the terms of the policy itself or the provisions of this article. See. 48. (3214) Unincorporated mutual association ex- cepted.—Nothing in this article shall be so construed as to pre- vent any number of persons, residents of this state, from making mutual pledges and giving valid obligations.to each other for their own insurance, from loss by fire, lightning, tornado, cyclone, windstorms, hail, death, or other cause from which insurance from loss may be obtained under any of the laws of this state; but such association of persons shall in no case insure any prop- erty not owned by one of their number, and no life except that of their number, nor shall the provisions of this article be ap- plicable to’ such associations of persons except that the depart- ment of trade and commerce may require such reports as they deem advisable: Provided, such associations of persons shall receive no premiums, make no dividends, nor pay in any case more than two dollars per day to any of their officers or em- ployees, and then only when actually employed for the associa- tion, nor shall they hire any agents or solicitors: Provided further, no such association of persons shall ever make any —L75— levies or collect any money from its members except to pay for losses on property or lives insured, and such expenses as are herein provided for. ARTICLE V. KINDS OF INSURANCE. ORGANIZATION OF COMPANIES. Section 1. (Ch. 77, 1917.) Insurance classified An insur- ance corporation may be formed to insure the following purposes: 1. Fire and marine insurance.—Against loss or damage by fire, lightning, wind storm, cyclones, tornadoes, hail or earth- quakes; water from the breakage or leakage of sprinklers, pumps, or other apparatus erected for extinguishing fires, and water pipes; and against accidental injuries to such sprinklers, pumps or other apparatus; against loss or damage arising from the pre- vention or suspension of rent or use and occupation of any build- ing, plant or manufacturing establishment due to the hazard or peril insured against; upon vessels, boats, cargoes, goods, mer- chandise, freight, and other property against loss or damage by marine risks and the risks of transportation and navigation upon salt water and the high seas, and the risks of lake, river, canal and inland transportation and navigation; and upon automobiles, whether stationary or being operated under their own power. 2. Life insurance.—Upon lives of persons, including endow- -ments and annuities, and every insurance pertaining thereto and disability benefits. 3. Accident insurance.—Against bodily injury or death by accident and against disablement resulting from sickness and every insurance pertaining thereto, including quarantine and identification. 4. Fidelity insurance.—Guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the per- formance of contracts other than insurance policies, or guaran- teeing and executing all bonds, undertakings and contracts of -suretyship. 5. Liability insurance.—Against loss or damage resulting --176- from accident to, or injury, fatal or non-fatal, suffered by an em- ployee or other person for which the insured is liable. 6. Plate glass insurance—Against breakage of glass, whether local or in transit. 7. Boiler and machine insurance.—Upon steam boilers and upon pipes, engines and machinery connected therewith and operated thereby against explosion and accident.and against loss or damage to life, person or property resulting therefrom. 8. Burglary insurance.—Against loss by burglary, house- breaking or theft. 9. Sprinkler insurance.—Against loss or damage by water, to any goods or premises, arising from breakage or leakage of sprinklers or water pipes. 10. Credit insurance—Guaranteeing either by agreement to purchase uncollectible debts, or otherwise to insure against loss or damage from the failure of persons indebted or to become indebted to the insured, or to meet existing or contemplated liabilities. 11. Title insurance.—Guaranteeing owners of property or others interested therein against loss. by incumbrance or defec- tive titles, or adverse claim to title, either together with or with- out examination of title, or furnishing information relative thereto. 12. Against loss or legal liability for loss resulting from accident or injury, fatal or non-fatal, because of damage to prop- erty or person caused by the use of teams or vehicles, whether by fire, accident or collision, or by explosion of any engine, tank, boiler, pipe or tire of any vehicle, and including insurance against theft of the whole or any part of any vehicle. The term vehicle, as herein used, includes in addition to its ordinary meaning, elevators, automobiles, traction engines, motorcycles and bicycles, but does not inelude ships, vessels, boats, nor railroad rolling stock: Provided, that when such legal liability includes injury to person the company, except mutuals, and assessment associa- tions, entering into said contract shall be capitalized at not less than one hundred thousand dollars ($100,000.00). 13. Domestic animals.—Against loss, death or damage to AGT - domestic animals, and to furnish the service of a veterinary sur- geon for such animals. 14. Miscellaneous insurance.—Upon any risk not included within any of the foregoing classes and which is a proper sub- ject for insurance, not prohibited by law or contrary to sound publie policy, to be determined by the department of trade and commerce. : Sec. 2. (3216) Class or classes of insurance authorized.— Companies may be formed upon the stock or mutual plan to tran- -gact any kind of insurance authorized by the next preceding section, or upon the assessment plan to transact the kinds of in- surance described in subdivisions one, three, four and six there- of, or upon the fraternal plan to transact the kind of insurance described in subdivision two thereof. The liability of a member of a mutual company shall be limited to the premium stated in the policy: Any assessment association organized to insure property may, in its by-laws, limit the liability of its members for assess- ment, for any one year, to not less than one and one-half times the regular rate charged by stock companies for like insurance, which upon dwelling houses and farm properties insured against loss by fire and lightning shall not be less than one-half of one per cent per year after the first assessment. If the amount col- lected in any one year including the amount in the contingent funds, be insufficient to pay all losses sustained and expenses incurred during that year, then the members sustaining losses shall receive their proportionate share of. such funds in full satisfaction of their losses. Every by-law. limiting the liability shall contain the above provision for pro-rating losses and shall be printed on the back of each policy or certificate of membership. See. 3. (3217) Purposes formed for.—No company shall be formed for the purpose of engaging in any other kinds of in- surance than that specified in some one of the subdivisions of section 1 of this article, or more kinds of insurance than are specified in a single subdivision, except that a company may be formed: 1. For the purpose specified in subdivisions one and twelve, or 7 seit ae 21738" 2. For the purposes specified in subdivisions two and three, or 3. For any or all the purposes specified in subdivisions three to fourteen, both inclusive, except subdivision ten. Contracts for each of the kinds of insurance specified in the subdivisions of section 1 of this article shall be in separate and distinct policies, except that the same policy may embrace risks specified in subdivisions two and three, or those embraced in. subdivisions three and five. Companies electing-to issue policies under subdivision twelve may embrace in one policy also risks under subdivisions three and five. Contracts for hail insurance on growing crops shall be written in separate and distinct policies, Sec. 4. (8218) Incorporation of companies.—Nine or more persons may form an insurance corporation. They shall execute articles of incorporation and submit them to the department of trade and commerce for examination, and if approved and found by it to be in accordance with the laws of this state, the depart- ment of trade and commerce shall so certify. When such articles are thus approved, they shall be filed in the office of the secre- tary of state, and of the county clerk of the county in which the principal office of the company is to be established, and a copy thereof filed in the office of the department of trade and com- merce. The articles shall not be considered filed until they have been filed in each of said offices as above provided. Within thirty days after receiving the certificate of authority to transact busi- ness, and within four months after filing its articles as aforesaid, such corporation shall publish a notice in some legal newspaper, whieh notice shall contain the same information, as far as prac- ticable, as that required under the general incorporation laws of this state. | See. 5. (8219) Board of directors—how elected.—In the first instance the board of directors shall be elected by the in. corporators or named in the articles, and thereafter by the stock- holders or policy holders at the annual meeting. The board of directors shall consist of not less than five nor more than twenty- one persons, all of whom must be citizens of the United States, and a majority of them must be citizens of the state of Nebraska. No person shall hold the office of director unless he is a stock- —179- holder, if in a stock company; or a policy holder, if in a mutual company or assessment association. Unless otherwise provided in the articles of incorporation, the board of directors shall make | all by-laws. | See. 6. (8220) Articles of mutual companies.—The articles of a mutual company or an assessment association shall provide that every person, corporation, association or partnership in- sured shall be a member thereof and have one vote. Sec. 7. (8221) Mutual companies may borrow money.— Any mutual company may borrow money without discount or the payment of commission to defray the reasonable expenses of its organization and to provide the amount stated in subdivision two of section ten of this article, and may issue its notes there- for, to be known as surplus notes, which shall fully recite the _purpose for which the money was borrowed. Except as herein provided, such notes and indebtedness shall not be a liability or claim against any of the assets of the company. The principal shall be paid only when the amount of the surplus of the com- pany over all liabilities is double that of such principal then unpaid. The interest shall only be payable from the surplus, and shall not exceed such sum as may be fixed, nor in’ any case teu per cent per annum. On a dissolution of the company the principal and interest shall be payable from the surplus. The amount thereof outstanding, with the unpaid interest, shall be stated in each annual report. The corporation shall have the right to make such repayment whenever it shall be able to do so. See..8. (8222) Limitation in articles—The articles of a mutual company or an assessment association may limit: 1. The insurance to specified kinds or classes of property, lives, individuals or liabilities within any subdivision of section 1 of this article. 2. The territory within which insurance shall be granted, and | 3. They shall provide the manner in which policy holders of a mutual company shall participate in the profits of the com- pany. : ‘Sec. 9.. (8223) Capital of stock company.—No domestic —180- stock insurance company shall transact the business of insurance in this state unless: 1. It has a capital stock actually paid in cash or invested as provided by law of at least two hundred thousand dollars for the insurance specified in subdivision fourth, fifth, tenth or eleventh of section 1 of this article, and at least one hundred thousand dollars for the insurance specified in subdivision first, second, eighth, thirteenth or fourteenth of said section 1 of this article, and at least fifty thousand dollars for the insurance speci- fied in any other one subdivision of said section, and in each case a surplus equal to one-fourth of its capital stock; and 2. With an additional fifty thousand dollars capital stock for the insurance mentioned in any other one subdivision of said section which may be transacted by such company: Provided, in all cases where a company has less than two hundred and fifty thousand dollars of capital stock and transacts more than one kind of insurance, it shall have a capital stock equal to the com- bined minimum eapital stock required or separate companies transacting the same kind of insurance. Sec. 10. (8224) Number of policies required to begin busi- ness.—No domestic mutual insurance company hereafter organ- ized shall begin to transact the business of insurance until: 1. . It shall issue simultaneously policies upon two hundred or more risks, each within the maximum single risk prescribed in the next following section; and 2. It shall hold a fund, in cash or invested as provided by law, equal to ten times the maximum single risk to be assumed except that if organized to do the business mentioned in sub- division 12 of section 1 of this article, only, it may begin business when it shall hold a fund in cash, or invested as provided by law, equal to five times the maximum single risk to be assumed, which fund shall be used for the payment of losses only, and cannot be repaid eecent as provided in section 7 of this article; and: . ; _ 3. It shall have received in cash one annual premium upon each risk outstanding. Sec. 11. (8225) Maximum single risk—Except as other- wise provided by law the maximum single risk shall be three —181- times the average policy, or one-eighth of one per centum of the insurance in force, or in a stock company ten per centum of its capital stock, whichever sum is the greater. Upon the business mentioned in subdivision 4 of section 1 of this article, twenty- five per cent of the paid-up capital and the business mentioned in subdivision 13 of said section, one-twentieth of the paid-up capital. Any reinsurance, taking effect simultaneously with the policy, shall be deducted in determining such maximum single risk. The minimum number of risks outstanding shall be two hundred, each within the maximum single risk preseribed herein. See. 12. (8226) Liability of incorporators and directors.— The original incorporators, until the election of directors, and thereafter the directors, shall be jointly and severally liable for any losses incurred during the time or times hereinafter men- tioned: | 1. Upon any policies written, issued or delivered during any time when the risks outstanding shall be below the minimum num- ber prescribed by the next preceding section; and 2. For the excess of any policy above the maximum single risks prescribed by said section during the time that such policy exceeds such maximum single risks; and 3. For any losses occurring upon any new risk taken after the expiration of the period designated by the department of trade and commerce in accordance with sections 2 and 3 of article Ill in which to make good any deficiency; and , 4, For all debts and liabilities contracted prior to the time the company was an admitted-company. Sec. 13. (3227) Application of requirement of surplus.— The requirements of a surplus as required in section 9 of this article shall only apply to domestic insurance companies here- after organized and commencing to transact the business of in- surance, and such company may use such surplus in establishing the company in business without impairment of the company. — See. 14. (8228) Reinsurance or consolidation procedure.— Any company, association or society hereinafter called ‘‘com- pany’’ organized or authorized to transact the business of insur- ance under the laws of this state may, by contract of reinsurance or consolidation, assume the risks of any other company doing —182- a similar business, or reinsure its risks and business only on the following conditions: 1. Both of the companies which propose to enter into such reinsurance contract, shall be, upon the date of reinsurance, duly authorized ‘under the provisions of this article to transact the business of insurance in this state, and the department of trade and commerce shall have found that such reinsurance or con- solidation can in no way impair the solvency of the company which proposes to assume and reinsure the business and affairs of the company contemplating reinsurance and retirement, and that such reinsuring company is competent and prepared to carry out such contract of reinsurance. 2. The contract of reinsurance or consolidation with all matters relating thereto, shall be submitted to the department of trade and commerce for examination and orders thereon. The department of trade and commerce upon examination, if satis- fied that the interests of the policy holders of such company contemplating reinsurance and retirement are properly pro- tected, and that no reasonable objection exists to such contract, may approve and authorize the proposed reinsurance or consoli- dation, or may modify or change the terms and conditions there- of, as may seem best for the interests of said policy holders; and the department of trade and commerce shall make such orders with reference to the distribution and disposition of the surplus assets of said company as shall be just and equitable to said policy holders. g Such consolidation or reinsurance may then be approved by said department of trade and commerce and it shall be the duty of the department of trade and commerce to guard the interests of the policy holders of such company proposing to reinsure and retire. 3. The contract of reinsurance or consolidation shall be approved, if a stock company, by a majority vote of the board of directors thereof duly cast and recorded in the minutes of the meeting of the board; and if a mutual company or assessment association, by a majority vote of all the members of the com- pany which purposes to reinsure and retire, present in person or by proxy and voting at an annual meeting, or a special meet- —183— ing called for that purpose upon a printed notice of such meet- ing, which shall contain the purpose of such company to reinsure and retire, a brief statement of the substance of the contract — of reinsurance and the approval of the department of trade and” commerce, together with its orders as to the disposition of its surplus assets, which notice shall be mailed to each one of the members of such company, directed to his last known address, at least thirty days prior to the day fixed for such meeting. When the members of such company, if a mutual company, or an as- sessment association, and the directors, of a stock company shall have so voted to reinsure and retire, its officers and the officers of the company which proposes to assume the risks and obliga- tions thereof, may enter into and consummate the contract for reinsurance as submitted and approved, and shall carry out the orders of the department of trade and commerce relating to the disposition of the surplus and assets of such retiring company, and do and perform all other acts necessary to the final and com- plete consummation of such consolidation or reinsurance. The actual and reasonable expenses and costs incident to proceedings under the provisions of this section may be paid by the company, or companies so consolidating or reinsuring, and an itemized and verified statement of such expenses, together with proper vouchers for each of the items thereof, shall be filed with the department of trade and commerce. No officer of any’ such com- pany, nor any employee thereof, or of the state, shall receive any compensation, gratuity, employment, or other promise or thing of value, directly or indirectly, for in any manner aiding, pro- moting or assisting in such reinsurance or consolidation. Any company or association organized under this article to insure property, may reinsure the individual risks of other companies of the same kind and class. : Sec. 15. (8229) Amendment of articles—Any domestic company, association or society, hereinafter called ‘‘company”’, may change its articles of incorporation and methods of doing business, but only in the following manner, and upon the follow- ing conditions: 1. The board of directors of such company shall adopt by two-thirds vote of all the directors thereof, amended articles of incorporation. —184-— 2. Such amended articles with all matters relating thereto, shall be submitted to the department of trade and commerce for examination and orders thereon. If satisfied that. the interests of the policy holders of such company, and all concerned, are properly protected and that no reasonable objections exist to such amended articles, the department of trade and commerce may approve the same, or it may modify or change them as it may deem best for the interest of those affected. The depart- ment of trade and commerce shall also make such orders with reference to the distribution of any existing or future surplus of such company as may be just and equitable to the policy holders. The department of trade and commerce shall duly safeguard the interests of all parties affected, and especially the interests of the policy holders. 3. If the department of trade and commerce proposes any changes or modifications of the amended articles proposed, they shall be in turn submitted to, and be adopted by a two-thirds vote of all the directors of such company. Such amended articles as originally adopted, or readopted, as the case may be, shall then be submitted to the stockholders or members of the com- pany for approval at a regular meeting or a special meeting thereof, called for that purpose, notice of which and a copy of the proposed amended articles shall be sent by mail to the last known address of each person entitled to vote at such meeting, at least. thirty days prior thereto. There shall also be inclosed with such notice a copy of the approval of the department. of trade and commerce and its order as to the disposition and dis- tribution of the surplus assets of such company: If such amended articles are approved by a two-thirds vote of all the stock of the company or by a vote of two-thirds of all the members voting at such meeting, in person or by proxy, if a mutual or aSSeSS- ment company, then they shall be filed in the same offices as if they were original articles, and the same notice shall be published. 4. If any such company, operating upon what is known as either a mutual or assessment plan, desire to change to a stock basis, it shall, in addition to the above and foregoing require- ments, comply with the following conditions: 1. The board of directors of such company shall submit, “185- with its amended articles of incorporation as provided in the second paragraph of this section, a comprehensive plan of such change specifically setting forth the following information: (a) a true and complete statement of the several funds and all of the tangible property and assets of such com- pany, and the fair and actual cash value of each item there- of ; (b) the number of members of such company and the fair actual value of the surplus of each member in the prop- erty and assets of such company; (c) the number of shares of capital stock to be issued under the new plan, the amount of each share, and the man- ner of converting the interest in the surplus of each member of the company into shares of the company under the stock plan; (d) the manner of compensating members of the com- pany who refuse or fail to convert their interests in the surplus in the company into stock under. the new plan, and the amount of such compensation ; (e) the amount of the new capital for which each mem- ber may subseribe, and how and when the same shall be payable. Provided, each member shall have the full right to subscribe at par for his proportionate share of the new stock to be issued. 2. If.satisfied that no reasonable objections exist to such amended articles and the plan proposed for such change to a stock basis, the department of trade and commerce may approve the same, or it may propose modifications or changes in said amended articles or proposed plan for changing to a stock basis as in its Judgment will safeguard the best interests of all con- cerned, and may make orders relating thereto as it shall deem just and equitable. 3. If changes in such amended articles are proposed by the department of trade and commerce, they shall be referred to the board of directors of said company for readoption by a two- thirds vote of the members thereof. On approval of such amended articles by the board of directors and the department of trade and commerce, the same shall be submitted to the members of —186- the company for approval and ratification at a regular annual or special meeting called for that purpose. Notice of the time and place of such meeting, and the proposition to submit said amended articles and proposed plan of change to a stock basis, stating the substance of such amended articles and the plan pro- posed in full for making the change to a stock basis, with the approval of the department of trade and commerce shall be sent by the proper officer of the company, to each person entitled to vote at such meeting, at least thirty days prior thereto, through the mail directed to his last known address. > If such amended articles and plan are ratified and approved _by a two-thirds vote of all the members voting at such election, either in person or by proxy, the same shall be duly adopted, and on the same being duly filed and notice thereof published as required by law in eases of original articles of incorporation, the same shall be deemed effective and the company shall be deemed duly incorporated and shall then open books for the members to subscribe to the stock of such new company, which books shall remain open for at least sixty days after said elec- tion resulting in favor of such proposed change, and each mem- ber shall have the full right to subseribe at par for his propor- tionate share of the new stock to be issued. Such subscription for stock shall be duly made in writing, and filed with the proper officer of the company, in accordance with a plan outlined to be sent with the notice of election to approve and ratify such change. All stock not duly subscribed for at the end of sixty days after the books shall have been opened shall be at the disposal of the board of directors, in accordance with a plan to be contained in the proposed plan submitted to the department of trade and com- merece and the members of the company; Provided, no stock shall be issued or sold for less than par value thereof, in money, and each subscriber for stock shall pay the same price. When all the above provisions have been complied with, such company shall enjoy the same rights and be subject to the same liabilities © as if it had been originally incorporated under this article. All officers and directors shall serve through their respective terms but their successors shall be elected and serve as provided in the amended articles and by-laws. Such change shall in no way prejudice or impair any pending action or right previously ac- —18'7- quired, or annul or change any existing contract of such com- pany. ARTICLE VI. RESERVES. Section 1. (8230) Fire—legal reserve.—In ascertaining the condition of a fire insurance company it shall be allowed as assets only such investments, cash, and accounts as are authorized by the laws of this state at the date of the examination, but pre- miums, notes not past due, and unpaid premiums on policies writ- ten within three months, shall be admitted as available resources. In ascertaining its lability, there shall be charged in addition to the capital stock, and all outstanding claims, a sum equal to forty per cent of the total premium charged on the policies in force: Provided, domestic fire insurance companies doing busi- ness on the mutual plan with a stipulated premium, shall reserve an amount equal to forty per cent of the total unearned premiums on all their policies in force. Sec. 2. (8281) Life—legal reserve——The Department of Trade and Commerce shall annually make valuation of all out- standing policies, additions thereto, unpaid dividends, and all other obligations of every life insurance company doing business in this state; and all such valuations made by it, or by its author- ity, shall be according to the standard of valuation adopted by the company, which standard shall be stated in its annual re- port. Such standard of valuation, whether on the net level premium, preliminary term, any modified preliminary term, or select and ultimate reserve basis, for policies issued after the passage of this article shall be according to the American Experi- ence or Actuaries’ Table of Mortality, with not less than three and not more than four per cent compound interest. The De- partment of Trade and Commerce may vary the standard of valuation in particular cases of invalid lives and other extra hazards. It may value policies in groups, use approximate aver- ages for fractions of a year, and assume as accurate the valuations of the department of insurance of any other state or country if the insurance officer of such other state or country likewise accredits the valuation made by the Department of Trade and —188- Commerce of this state. When the preliminary term basis is used it shall not exceed one year. Insurance against total and. permanent mental or physical disability resulting from accident or disease, or against accidental death, combined with a policy of life insurance, shall be valued on the basis of the mean re- serve, being one-half of the additional annual premium charged therefor. The legal minimum standard for the valuation of annuities shall be ‘‘MecClintock’s Table of Mortality Among Annuitants’’, or the American Experience Table of Mortality, with compound interest at.three and one-half per cent per annum, but annuities deferred ten or more years, and written in connection with life or term insurance, shall be valued on the same mortality table from which the consideration or premiums were computed, with compound interest not higher than three and one-half per cent per annum. The legal standard for the valuation of industrial policies shall be the American Experience Table of Mortality, with com- pound interest at not less than three nor more than three and one-half per cent per annum: Provided, any life insurance com- pany may voluntarily value its industrial policies written on the weekly payment plan according to the ‘‘Standard Industrial Mortality Table’’ or the ‘‘Sub-Standard Industrial Mortality Table.”’ The standards adopted shall not be abandoned without the consent of the Department of Trade and Commerce first being obtained in writing. See. 3. (82382) Investments allowed.—In ascertaining the condition of any life insurance company it shall be allowed as assets only such investments, cash and accounts as are author- ized by the laws of this state, or of the state or county in which it is organized at the date of examination; and there shall be charged against it as liabilities in addition to the capital stock, all outstanding indebtedness of the company, and the premium reserve on policies and additions thereto, in force, computed ac- cording to the table of mortality and rate of interest prescribed in the next preceding section. Sec. 4. (8233) Reserve—accident and health.—In ascer- -189- taining the condition of a domestic accident and health insurance company, or either of them, it shall be allowed as assets only such investments, cash and accounts as are authorized by the laws of this state at the date of the examination, but notes of policy holders not past due, and not for a longer period than four months from the date of the policy for which they are given, and unpaid premiums on policies written within three months, may be admitted as available resources. In ascertaining its liabilities, there shall be charged, in addition to the capital stock and all outstanding claims, a sum equal to twenty-five per cent, of the total renewal premium charged on the policies in force. Sec. 5. (3234) Liability reserve—The indebtedness for outstanding losses under insurance against loss or damage result- ing from accident to, or injuries suffered by an employee or other person, and for which the insured is liable, and under insurance against loss from liability on account of the death of, or injury to an employee not caused by the negligence of the employer, shall be determined as follows: Each corporation which writes policies covering any of said kinds of insurance shall include in the annual statement required by section 16 of article IV, a schedule of its experience thereunder, in the United States and foreign countries in the case of corporations organized in the United States and in the United States only in the case of cor- . porations organized outside of the United States, giving each | calendar year’s experience separately, and crediting or charging each item to the year in which the policy to which it relates was written, as follows: 1. The earned premiums on all such policies written dur- ing the period of ten years immediately preceding the date as of which the statement is made, being the gross premiums on all such policies including excess and additional premiums and premiums in course of collection, less return premiums and premiums on canceled policies, and less the unearned premiums on policies in force as shown in such annual statement ; 2. The amount of all payments of whatsoever nature made by reason or on account of injuries covered by such policies writ- ten during said period. This amount shall include medical and —190- surgical attendance, payments to claimants, legal expenses, sal- aries and expenses of investigators, adjusters, and field men, rents, stationery, telegraph and telephone charges, postage, sal- aries, and expenses of office employees, home office expenses, and all other payments made on account of such injuries, whether such payments are allocated to specific claims or are unallocated ; 3. The number of suits being defended at the date as of which the statement is made under policies written during said period, except suits in which liability is not dependent upon negligence of the insured, and a charge of seven hundred and fifty dollars for each suit; 4. The number of deaths for which the insured are liable without proof of negligence, covered by policies written during the same period, and not paid for at the date as of which the statement is made, and a charge of the amount necessary to pay for such deaths; 5. The number of unpaid claims at the date of which the statement is made, on account of non-fatal injuries for which the insured are liable without proof of negligence, covered by. policies written during said period, and a charge equal #0 the present value of the estimated future payments; 6. The loss ratio determined from the foreg@eimg as to. gach - year separately, using as the divisor the earned premiums shown in item No. 1 and as the dividend the amount of payments shown in item No. 2 plus the amounts charged in items Nos. 3, 4 and 5. 7. The number of suits being defended at the date as of which the statement is made under policies written more than ten years prior to such date, except suits in which fiability. 1s not dependent upon negligence of the insured; 8. The number of deaths for which the insured are liable without proof of negligence, covered by policies written more than ten years prior to the date as of which the statement is made, and not paid for at such date; 9. The number of unpaid claims at the date as of which the statement is made on account of non-fatal injuries for which the insured are liable without proof of negligence, covered by poli- cies written more than ten years prior to such date. —-191- All unallocated payments in item No. 2 made in a given calendar year subsequent to the first four years in which a cor- poration has been issuing such policies, shall be distributed as follows: Thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, ten per centum to the policies in the second year preceding, ten per centum to the policies written in the third year preceding, and five per centum to the policies written in the fourth year preceding; and such payments made in the first four calendar years in which a corporation has been issu- ing such policies shall be distributed as follows: In the first calendar year one hundred per centum shall be charged to the policies written in that year, in the second calendar year fifty per centum shall be charged to the policies written in that year, and fifty per centum to the policies written in the preceding year, in the third calendar year forty per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year and twenty per centum to the policies written in the second year preceding; and in the fourth calendar year thirty-five per centum shall be charged to the policies written in that year, forty per centum to the policies written in the preceding year, fifteen per centum to the policies written in the second year preceding, and ten per centum to the policies written in the third year preceding; and a schedule showing such distribution shall be included in such annual state- ment. Each such corporation shall be charged with indebtedness for outstanding losses upon such policies determined as follows: 10. For all suits being defended under policies written more than ten years prior to the date as of which the statement is made, except suits in which lability is not dependent upon negli- gence of the insured, one thousand dollars for each suit; 11. For all suits being defended under policies written more than five years and less than ten years prior to the date as of which the statement is made, except suits in which the lability is not dependent upon negligence of the insured, seven hundred and fifty dollars for each suit; 12. For all deaths for which the insured are liable without proof of negligence covered by policies written more than five —192- years prior to the date as of which the statement is made, the amount necessary to pay for such deaths; 18. For all unpaid claims on account of non-fatal mjuries for which the insured are liable without proof of negligence under policies written more than five years prior to the date as of. which the statement is made, the present value of the esti- mated future payments; | | 14. For all policies written in the five years immediately preceding the date as of which the statement is made an account determined as follows: Multiply the earned premiums of each of such five years, as shown in item No. 1 by the loss ratio ascer- tained as in item No. 6 on all policies written in the first five years of the said ten year period, using as the divisor the sum of the earned premiums shown in item No. 1 for such first five years, and as the dividend the sum of the payments shown in item No. 2 for such first five years, plus the sum of the charges in items Nos. 38, 4, and 5 for such first five years, but the ratio to be used shall in no event be less than fifty per centum at and after December 31st, 1918, nor less than fifty-one per centum at. and after December 31st, 1914, nor less than fifty-two per ecentum at and after December 31st, 1915, nor less than fifty-. three per centum at and after December 31st, 1916, nor less than fifty-four per centum at and after December 31st, 1917, nor less than fifty-five per centum at and after December 31st, 1918; and from the amount so ascertained in each of the last five years of said ten year period, deduct all payments made under policies written in the corresponding year, as shown in item No. 2, and the remainder in the case of each year shall be deemed the in- debtedness for that year: Provided, however, if the remainder in the case of any year of the first three years of the five years immediately preceding the date as of which the statement is made, shall be less than the sum of the three following items for that year at that date, (a) the number of suits, except suits in which hability is not dependent upon negligence of the insured, being defended under policies written in that year, and a charge of seven hundred and fifty dollars for each suit, (b) the amount necessary to pay for all deaths for which the insured are liable without.proof of negligence, covered by policies written in that year, and (c) the present value of estimated unpaid claims on —193- account of non-fatal injuries for which the insured are liable without proof of negligence covered by policies written in that year than the sum of said items, (a), (b), and (c) shall be the indebtedness. for that year. A corporation which has been issuing such policies for a period of less than ten years shall nevertheless include in its an- nual statement a schedule as hereinbefore required, for the years in which it shall have issued such policies, and shall be charged with an indebtedness determined in the same manner; but im determining the indebtedness for policies written in the five years immediately preceding the date as of which the statement is made, the minimum ratios hereinbefore prescribed shall be used, subject to the same deductions and provisions as in the case of corporations that have been issuing such policies for ten years or more. See. 6. (3235) Same—all other companies.—In ascertain- ing the assets, liabilities, and financial condition of all other in- surance companies, not otherwise provided for by the provisions of this article, the department of Trade and Commerce shall al- low as assets only such investments, cash and accounts, as are authorized by the existing laws of this state, or under the exist- ing laws of the state or country under which such company is organized and which investments it may approve or reject, at ‘the date of the investigation, and in estimating the liabilities there shall be added, in addition to the capital stock, all outstand- ing claims, and a sum equal to the unearned premiums on the policies in foree, calculated on the gross sum without any deduc- tions on any account, charged to the policy holder on each re- — spective risk form the date of the issuance of the policy. If the department finds this rule to be impracticable in ascer- taining the condition of certain kinds of insurance companies it shall formulate such rules as it shall deem proper and. efficient and consistent with law, having due regard to such rules as may be used in other states or approved by the national convention of insurance commissioners or superintendents. Provided, in re- lation to the affairs of any foreign company, it may, in lieu of such examination and investigation, accept a certificate of the insurance commissioner or superintendent of such state or dis- trict as to its condition. | —194— See. 7. (3236) When actual premium less than net pre- mium.— When the actual premium hereafter charged for an in- surance by any life insurance company doing business in this state 1s less than the net premium for such insurance computed according to the table of mortality and rate of interest prescribed in this article, such company shall be charged as a separate lia- bility with the value of an annuity, the amount of which shall equal the difference between such premium and the term of which, in years, shall equal the number of future annual pay- ments due on such insurance at the date of the valuation. ARTICLE VIL. STANDARD PROVISIONS. Section 1. (8287)—Policies—contents—fire.—No fire insur- ance company shall issue any fire insurance policy covering any property or interest therein in this state other than on a form prescribed by the department of trade and commerce as nearly as practicable in the form known as the New York standard as now or may be hereafter constituted, except as follows: 1. A company may print on or in its policy its name, loca- tion, and date of incorporation, plan of operation, whether stocks, mutual or assessment; and if it be a stock company, the amount of its paid-up capital stock, the names of its officers and agents, the number and date of the policy, and if it is issued by an agent, the words: ‘This policy shall not be valid until dountenteaeam by the duly authorized agency of the company atll....12 eee 2. A company may print or use in its policies printed forms of descriptions and specifications of the property insured. 3. A company insuring against damage by lightning or tor- nado, may print in the clause enumerating the perils insured. against the additional words, ‘‘also any damage by lightning or | tornado, whether fire ensues or not’’, and in the clause provid- ing for the apportionment of loss in case of other insurance the : words, ‘‘whether by fire, lightning or tornado.’’ 4. A domestic company may print in its policies any pro-— visions which it is authorized or required by law to insert there- ~195- in, and any foreign or alien company may, with the approval of the department of trade and commerce print any provisions re- quired by its charter or deed of settlement, or by the laws of its charter, or deed of settlement, or by the laws of its own state or country, not contrary to the laws of this state; but the de- partment of trade and commerce shall not require any provision which modifies the contract of insurance in such a way as to affect the question of loss to be appended to the policy by an endorsement or rider as hereinafter provided. 5. The blanks in said standard form may be filled in, in print or writing. 6. A company may print upon policies issued in compliance with the preceding provisions of this section, the words, ‘‘Ne- braska Standard Policy.’’ | 7. A company may write upon the margin or across the face of the policy, or write or print in type not smaller than nonpareil, upon a slip, slips, rider or riders to be attached there- to, provisions adding to or relating to those contained in the standard form; and all such slips, riders, endorsements and pro- visions must be signed by the officers or agents of the company so using them. 8. If the policy be made by a mutual assessment or other company having special regulations lawfully applicable to its organization, membership, policies or contracts of insurance, such regulations shall apply to and form a part of the policy as the same may be written or printed upon, attached or appended thereto. 9. Policies of assessment associations may be issued with such modifications as shall be approved in writing by the de- partment of trade and commerce. They shall have also printed therein a copy of the articles of incorporation and the by-laws .of the association issuing the policy. 10. Combination va) including loss by fire, lightning, hail and tornado. See. 2. (8238) Same—life—No policy of life or endow- | ment insurance, except policies of industrial insurance or where the premiums are payable monthly or oftener, shall be issued or —196- delivered in this state unless it contains in substance the follow- ing provisions: 1. A provision that all premiums shall be payable in ad- vance either at the home office of the company or to any agent of the company upon delivery of a receipt signed by one or more of the officers who shall be named in the policy; and 2. A provision that the insured is entitled to a grace of one month within which the payment of any premium after the first year may be made, subject, at the option of the company to an interest charge not in excess of six per cent per annum for the number of days of grace elapsing before the payment of the premium, during which period of grace the policy shall continue in force; but in case the policy becomes a claim during the said period of grace before the overdue premium or the deferred premiums of the current policy year, if any, are paid, the amount of such premiums, with interest or any overdue premium, may be deducted from any amount payable under the policy in settle- - ment; and 3. A provision that the policy shall constitute the entire contract between the parties; but if the company desires to make the application a part of the contract, it may do so: Provided, a copy of such application shall be endorsed upon or attached to the policy when issued, and in such ease the policy shall con- tain a provision that the policy and the application therefor shall constitute the entire contract between the parties; and 4. A provision that all statements made by the insured shall, in the absence of fraud, be deemed representations and not warranties, and that no such statement shall avoid the policy unless it is contained in a written application, and a copy of such application shall be endorsed upon or attached to the DONBY. when issued; and 5. A provision that the policy shall be incontestable after two years from its date, except for non-payment of premiums, and except for violations of the conditions of the policy relating to naval and military service in time of war; and 6. .A provision that if the age of the insured has been mis- stated, the amount payable under the policy shall: be such as the premium paid would have purchased at the correct age; and —197- 7. A provision that the policy shall participate in the sur- plus of the company and that, beginning not later than the end of the third policy year, the company shall annually ascertain and apportion the amount of divisible surplus to which all such policies, as a separate class, are entitled, which amount shall be carried as a distinct and separate liability in favor of such polli- cies. The insured, under any annual dividend policy, shall have the right each year to have the dividend arising from such par- ticipation paid in cash, and if the policy shall provide other dividend options, it shall further provide that if the insured shall — not elect any such other options, the dividends shall be paid in cash; but such participation and its distribution may, by contract, be deferred to a fixed or specified time, not exceeding twenty years. Upon written request of the insured the company shall furnish him with a statement of the amount of the surplus pro- visionally ascertained or set aside on such policy and held await- ~ ing distribution at the expiration of the deferred dividend period ; and 8. A provision that after three full years’ premiums have been paid, the company at any time, while the policy is in force will advance, on proper assignment or pledge of the policy and on the sole security thereof, at a specified rate of interest not exceeding six per cent per annum, a sum equal to, or at the option of the owner of the policy, less than the reserve at the end of the eurrent policy year on the policy and on any dividend additions thereto; specifying the mortality table and the rate of interest adopted for computing such reserve, less a sum not more than two and one-half per cent, of the amount insured by the policy and of any dividend additions thereto; and that the company will deduct from such loan value any existing indebtedness on the policy and any unpaid balance of the premium for the cur- rent policy year, and may collect interest in advance on the loan to the end of the current policy year which provision may fur- ther provide that such loan may be deferred for not exceeding six months after the application therefor is made. It shall be further stipulated in the policy that failure to repay any such advance, or to pay interest, shall not avoid the policy unless the total in- debtedness thereon to the company shall equal or exceed such loan value at the time of such failure, nor until one month after —193-— notice shall have been mailed by the company to the last known address of the insured and of the assignee if any. No condition other than as herein provided shall be exacted as a prerequisite to any such advance; and ; 9. A provision which, in event of default in premium pay- ‘ments after premiums shall have been paid for three years, shall secure to the owner of the policy, a stipulated form of insurance, the net value of which shall be at least equal to the reserve at the date of default on the policy and on any dividend additions thereto, specifying the mortality table and rate of interest adopted for computing such reserves, less a sum not more than two and one-half per centum of the amount insured by the policy, and of any existing dividend additions thereto, and less any existing indebtedness to the company on the policy. Such pro- vision shall stipulate that the policy may be surrendered to the company at its home office within one month from date of de- fault, for a specified cash value at least equal to the sum which would otherwise be available for the purchase of insurance as aforesaid, and may stipulate that the company may defer pay- ment for not more than six months after the application therefor is made; and 10. * a . . . ‘ { a . - bz: . = 3 - . = f x . r \ ‘. <" ' _ . . he v : «G “ & ‘ 5 i wo hoe é a : I rg 1) ‘ * = . . i ‘ ' + x Z ‘ s ; -* j > - ae - . ic * . . ‘ 14 ¢ ' , i ‘ ‘ 1 7 a , * J ’ hak >t! N, ft : U — ae Oe 4 ’ : wie 45 : i oh ek ‘ : y a i ayo, oe INDEX OF SENATE FILE No. 2 Civil Administrative Code Uniformity : Accounting 7 Business System ......: big RON Reporting PINANCE. 9... oe Purchasing Budget Taxation Food, Drugs, Dairy and Oils Live Stock, Health and Hog Cholera PaniGiulone ws 2s eee Tuberculosis AGRICULTURE.............., | Stallion Registration Markets and Marketing Publicity Agricultural ‘Statistics........ | State Game and Fish Development Banking TRADE AND Insurance COMMERCE...__._._....... Fire Commission Blue Sky Workman’s Compensation LABOR | Free Employment Bureau Child Labor Tore ee) *\ ose alee Welfare of Workers.............| Health and Safety Industrial Statistics Regulation Inspection Highways State Aid Bridges PUBLIC WORKS........ Automobile License Irrigation Water Power Drainage Contagious Diseases Health eee ee ee Communicable Diseases Sanitation | Physicians and Surgeons ‘Osteopathy and Osteopathic PUBLIC WELFARE...... Physicians Chiropractic Examining Boards .............{ Dentists Nurses Vital Statistics Pharmacy Maternity Homes Optometry Child Welfare Embalmers Charities and Correction Veterinary Pardons and Paroles Medicine *The only new subdivisions created under the Code are those printed in italics. —437— INDEX EXECUTIVE DEPARTMENT— ARTICLE I.—General Provisions: PMG EL ta UY Omer e Datu On Cs. iee tee Doc Ae Cee eee ac 5) PRT Ce CUT Ons Lil W Siercccace eaten eee ces a2 oes cece ea pee gnc tee tentec cae ai! ATI POINLMIOD EE ULe DECLOUATICS. oc ace. tes eres ee cc ee 7 PSMISC ANE ee ODO LINEN e, Salaries SCUC,- 5.0 se ace er eeeese ett cae 6 MOMUIPOLMeCTeELAry and ASSiGtalitSs..n 2. eee lS ee ee c COMgC MUS Ian 2G TA CEICES DS © € oe wed eine eee Re Ace er, Seach ioe wee ote a Da eon eI oor 8 OTING Ue eMC RCA HT ST Sona GCCW A VO) 0 ieee coer ee RC ae RDF ine Me, Uday a een 5 Co-ordination Banions “GEPArtMents. 22s cececte eae ence keene deuxencewns 9 POLOWO ET RRES Gila, 722) G8 S22 AD co. eee a ae on a ee a ee ne Aes Ee 5 eet tue mpenA TING Ges. on. ce Ae Oo ceonewes 5 Bard ay reg ane Ss 8 le ec Sh es hg henada was tiwcaunsendgiddgatans 8 IA CY erate mn UNE MN MER Poo eee one Uae a cn sndescosaatne acedncdecocnsenvducccdoswsates 8 EOI ie Cn Eo cos Coe os oo caso ead acantiasexccecacvccslecglenyantnecenea 11 Ret ema Re a Ue Feo bc prnlb osee Sa eveanscwesvenssarasnane nes 8 OP Tay man te oe oo ence nck acl scs nenbn coda bancusbosaecscurutccnsetedyesdeuectan 7 Rae OG) LM ic Na SA 2 a = ne 10 Receipts by departments, paid to Treasurev............2.222.2.-2-2---0e----- 9 AG YO) Gs as eM aces beh adensaandeopeccenonvabwaacesecente 10 HUlecehoromrer mations orn ee ee § iia Cie SPO @Clelarics «rie ey) ol ey ee 6 SEA OL mane iien tes see et ee ee A eee 8 SUDDMes NO Wali relaSGG ntsc. Ss a. 2 yey ens oe eee een gS 9 Or iieOie CCG er et ee ee ane Renee ae Coe May ate ee ce ees Sees ii Time to Offfice.......... MNT i eatti, Ph 9 heat cee ae sa eS ae. 7 FINANCE DEPARTMENT— ARTICLE I.—General Provisions: CTOTICT OL EO CLS nti re. mone marie ee a Bho greet wee ee ke ee ee 12 ARTICLE II.—State Budget: Budget, how HrEDAT Od har sa t= ema ee he SE eek hei kT 13 HStiniatee Ole Cepartnenis. 2k. br Pere Ine eh Be 15 Hecom mandation sGOVGINOnA =o... ween era en) eer ete As 14 ARTICLE III.—Purchases and Supplies: COUUTACTSMIOPE RUDD lesa ties Base este oe tie sateen tencknc uaeceueteeeeee 16 Depsrimentsspurchase supnileds 22 A 2s00 ro td ee ce eee ecco Ly Legislative acts published......... sedis can ae deny aa, Vat Sh eee eto 18 WOSUSTATIVGMELL DITO men a Ae re Roe atone 17-18 a VIO thet COU lis Cla et se emet ee gee ties Fe he ee 17 = -438- Penalty for violation ‘of law... cco. -c-cto i socceec-c-nec ss ase 18 Proof of. printed jODS........2-----2s-:c22tocccgsecegs ncertccesppaeneasaeee eee 16 Purchases of printing and supplies..._2....:.................cleee ee 15 Schedule Of Bids ...nic5...-.ccccccccesccpeontectenenrsneceseacennsbinnlec-c0beoe ee 16 ARTICLE IV.—Supervisory Powers Over Taxation: POWECTS OVOP “TAXATION... .cccncccceccccec en occenpn-nceneeneny-ce7s=acent eek eee 19 DEPARTMENT OF AGRICULTURE— ARTICLE I.—General Powers: Powers Hnumerated ooo... cc ncececenn cee ees sewe ecco neeen ne 22 ARTICLE II.—Live Stock: Blanks fOr. LEPOTtS......----0cccnnserengsenncnprnds sencenincendocn=eeneuy sss tale 27 Bond—condition of SAME. .-......-2.-fccecseco-coceteyeslecose see ee 26 Diseased animals examined. .......-...-<.-----.csssu-<2 idngebanceenei=a eee 23 DutieS ANd POWETS....-2....cnc.esccnonstecessecesecteeneceeses tie cee eee ee 23 Foot and Mouth Gis@aseeiac....ccccocesccnccececscbceeesscrest=ceeepseee eee eer 28 Hog cholera containers...........-2.cc-cccscssseed bodies peepee eee 26 Hog cholera serum manufacture Or Sale.........0.-......ceccceceeeeenneeneee 25D INSPECTION. nu. ..cscncencccdeeoncitso~sanoneneaesee pondec--ce ee 25 Killing diseased animals—compensatiOn........-............:.:ce--ceeeeeeeeeee 24 Manufacture and distribution of SCrum...............2..222....---eeeeecceeeeeeee 26 Owner: to) Kilbicenncocoo cence coccenccceconceon oncom eee eald eames eee 28 Penalty for harboring diseased animals............22.........----ceeceeeenenes 23 Record by persons administering Se@rumM...............22.2.2.-ccccceeeeeneeenes 27 Reimbursement for killed. animals...:.......22.. eee 28 Scabies cattle, shipping, quarantine _......_.............eeeeee 24 Standard of Potency -r....0cc.oo0 nc cesecsesep teense eniselaee See Test -Of Serum. ..nccc. occ eel ccccescee bree 26 Violation and: penalties.2...2..2...---.2-oc.scecedn 25-27 ARTICLE IJIII.—Stallion Registration: Advertising of grade stallion 27. ccccc-gecees scree neenesee ee 35 ANNUAL TOPOL t..2..02260c.2.ccecesel enn Soeeceveceececeecdseensadceee top oe acess uate 35 Certificates, POP wc 2.cclcececkcceck lice cde cceg en enemte sue oulpalake ued ee 33 Certificates, refused ....0.2..c.ccccccscencceecp-sanucoceednecannacas-neee 34 1D>.¢:RacPast- 1A (0) 1): Ene 34 Form of certificates...0...0002cc eee 36 Lk sls): MOEA ie Mee 36 Inspection of stallion... sca) 28 License certificate.......2..0 2.0 ee ee 36 Post. certificate... 0... ae 34 RECOM | sa cacecicsep hl enone ceed da netg de doennd es deoaa ended ge 29 Record. of certificate...) 35 Sale, of stallion. :. 20-00 35 Saving Clauses co 2 acer esceweke cele oa ecb eee ae 37 Stallion (certificate... 1.c8 ls ek eee ee 29 —439— ARTICLE IV.—Game w Fish: EASA ERTSE oa soln 6) ais ae NC ERS A a Mies Satis 2 a free bank ct eae ee nl ae PLDINIAISM DE OLOCLOG::....-c- oie eet ee gee) ee, ee ee ere ee eS UT PCUPIOSE GER COL DOR LID U0 ece voces ice coe ee eee eee ee: 2 Birds and eggs protected.................... ips anes ois NC A at ee Biras and stiany ProOvecteds 20 ce eh a eae COTE TEC LOTR ONE eT CU ie os one ees ta hic Sea te aha oleracea Eat asd aoe SONSGCHL OL OWDCE FOL Ian, 2 ba ie te en ee UAT PE LO Tl PLT TLII CORO INS 2 ot once pt cess an aca ok op cence, tape oe eeepc detente POISSON Ole eae eS CIZ OU ee oe ly eee ee ek RAUB CUE Tree RCC INET DOT urate ee aed ea on ese ase veal ga cemene ee Duties and powers of department....................... eas aah cusewp mane sche ae AMTICO SRO cx lester he ce era ina epeaed ont poe paceinn unter ceseaes RETRO Es UT OIL EDLC Oo ect ocak oe aco ease cesta bok Ric occuarolnncaestiteeeepe tude Vay aly IETS ALC AWC CLS en ee ccna acbennecehicndeeecennt meas Prati ean DUMBO TTEIET OROL CCS oo: seg st tee ee ee ue Cap Rehr ely, V4) Regd oy 52 210 UMS a meee Deed Rc Seana el el neeteite Se ONDA MEE mBE tee PEL TAR RTT REM NC IEN OE VY 8g ene dake evans cosqaneanescetaseeaarnitstedqnnverwatee DUA CUA Rae rm ee Fao gs aes apn venntcnccp nn ceeepactonayiccsatarccvasciosersnt LNT Re aa 1,71 “ayo A ge ce dS Ae er a hc lawanncadsnanbacbmpacdavocectead BT ea eA am DN oe ood dans asl arceveccbe ewapecennenevsudasondaccocenenthe Oe Ue a ne en accu cacerconccomcensdectaeas BOAR By oy 0 i a a mn POS cra oh a yer) 114 0 2% 9 BS np ec le Material useommounting and fishing. oo... - nce. cece eceee eens enenecece PE ee noe cede ok neko ceannsmencensendeduvsmmeseanconmweterenies PCS EYED £0) tise et eS ogee hale ee caw Dee PNG eTa Tey SENS 7551] TON 8 oY Meee pes IA Seeds nee eb OR corneal ee BPE a TE Wee 8 a Ta PSE pin BER ap eh dpe eae ia AA Sip epee anaes i re RI eo EO ae STE PPORGCUUIOM Biro ctease eer eas eee eee a ee Sereen, notice and construction....28:c. 25.2 ee a Nek 3y go Ee ct eae ae ee eT ies SRO NAD SI Re op SOR ee UP a ben A a Re LL PPVAMS DOLLA LION jac ciiccascce ee ee ee ee, Mr ec: ‘ransnortations~ DN6; 27 ae ee ee Se Be PEP ATIS DOLLA LIOTIN 61S DELS seyret ete eee hs tee Be) TI DIG WUE SOIR eee. eo eee oO Be, a ey OPRIAW EL RUNTINS: Of: DITds soc ee ees eee a Unlawful to destroy imported birds...............22..22222.22222---2----2000---00-0 Liniawiileto-cillysatirrel as che. ae Bie at ee et a re When game or fish named on MeNU...u.....0.2.2.2.22.222.2e2ececeeeeeeeeeeeeeee VIO OIA WHLGtO “NUT CrObeT Sho) cle dats one et Dre eel eya cs VO TU MAW TLUIRTO- USO) DEES ce vr cobs oo wel 20 OE lage een ARTICLE V.—Pure Food: PACLASEE EY OL LACT hae ee ee Ce eR a Ne ta e k Or Drug and. food defined... 2 eee Hmploying assistants......2..222-220cc-scceteegecdensbhes egos Se ee Guarantee wcc-iscs..- oie eeae Inspection. Of _ FOOdS.css-c2lioec-eceecbece cece seen cee eee ea ProS@cutiOnwed.. 2. pee eee Nurs toi) Unla will . Cts .ccccccccc coil eisccocisac-ase-seenstee ees etee ieee ct, tiene tap VAOLETION. «52.28 cccelisweecuns gitewre cds teael. oh eee mene ere ee ee (ene ARTICLE VI.—Dairy Industry: Containers PeQuired cece. celal esos eaee tere eens eee Definition of .terms......2.2 oie ee ee Fraud in testing milk or cream. 2 Licensed testers required... Operation of Creameries and factories?) 1... == RECOPtacGleS wecenecaceccvcsendusnyaseoseluoedene one seetausaca ve aseeee eee oe ee Refusal and revocation of licenses... ee Sale of milk or cream.......2).w2 2 ee Sampling by inspectors..__.......2:.12 eee Standard for scales and test bottles22 33... Standard glassware for testing. 2) 3) Unlawful acts... icc ce ec cccle ec e Violation and penalty..........0.480 0 ARTICLE VII.—Oils: Gasoline, benzine dnd naptha........ ee Iiluminating oils, standards............ 22 Oils, marking containers, inspection... occbtneoiteth diene Inspection fees... i eeceeccceeceesee ene ene Notice reception of oOi1]8.0.<...ccccecct hee ee ee Unlawiul to sell uninspected oils... 2 ‘Violation, penalty .2:..c.0..s... a ee ARTICLE VIII.—Commission Merchants: Bond, Hability 2.0. eee Commission men, license required......2......0. eee Commission Merchant give bond............0...... 2 Unlawful to do business......0.0.2 4 22S. ee Violation, penalty 2.22020... ee ee ARTICLE IX.—Cider and Vinegar: Adulterated Vinegar..iw..ku Lee eee Packages to be markeda.wu eee Sale of cider, adulteration Vinegar ViIOLALLON 9 cucncctstewc ecovcntonemee ces 8 ote eh PRL ON ARTICLE X.—Oleomargarine and Butterine: Imitation butter and cheese defined Imitations, sale and use Shipping substitutes Violation and penalty —441— ARTICLE XI.—Sanitation: Dakeriess, Creameries, Gairies,) et@sccte ae ee ee ffi Je PURSS OU Ean gc) cl Bey aia Meee BGR iis ek Biaere earns Ens: yh Oak Rect tl 00 a eae 79 PHSCas CUMMErSONG..-. 2.0 0e const eet ee eer eee = eee eee 79 Hoors-andawindewsiscreened.....2).....2. fe ee ee 78 ItEGHen aoOttusedalOr Sleep ll Sloane ee ee Pee ee 79 Kitehen, restaurant, bakery kept. sanitary :..2.--0..6-26-- alee... 78 DEOTe COMMPUATICG MW ALE LEUW a. 5c cee s on cork peace ade osc. lees ie ee ee ee 80 ONC wet CG INCLET UVa errenas a9 .i mst See ate eee ae ode hae Hin eee 19 RAUL CUT ME OO TITS Uier cate cr ee Ae bated he oe ol ee eel og Weel, Gina arent oa ae ves PPOULEISVOOMIS NE UCemtr nin hee na Fe oh aig ty nde as pe eat Se BN 78 by es CLOT Do 1 LA Verena eee eee ee Ds SS cans acl Ae eee 80) ARTICLE XII.—Cold Storage Warehouses: Color storas Cawarenouse license. oi et a eee 80 WOMmlaiMerer iiae king 6TeCcOrdinc es 6. ere ee 82 dye SUL O LOIN Chem ec eaten oak ne 0s See ee tees Wee gee os 80 GHC) AT CAS eR U ley Mie. ene ets ee. fen eee es ea ee ace os 82 (SS OR GIANG NT) Sse veal, ak IS gaa a te a ey, ERs ge 82 UPR GROUT TOT ViSTee. 8S Sgt RI ae Oe ee SY A se Oe 83 Vb SE SHER Mee FMM PER ee ALG Hy its 4 3 ee 3 SOL HNSLES Bayley ae o'G 240 2k Se a a ne 83 eRe rg RCE CIS RO 5 ae ee 81 Released food returned.................. AEC AR ORES, ORs ROI bec Rapid 3 PSE OS) EWES eo) gi)" 0 9 an a PC a ee Oe nn 84 Use y tema mO TOUT DIC ne ooo 2 ence nc Sena pen nnd nena neon eden 81 ALO EMD TAN OS ea) 5) 41 12 hp GR ae OE eS ee 84 ARTICLE XIII.—Paints: Hy SB AS COR GCA NEES te SR ee SE oR EAS Re Poe soem MRA fo 84 Pree le Ol, cles eam ete L CL OU... : 2. koohcuaeeea sent oo ee ee ee 85 Bede pRaWe a MES AN ANETG be dies). aetneanes dee NE Aerheee hae ae Sn anne EM nn 5 Ne a ety ce Re 84 PUSceeslOme Oleic abe lede Dall (aercce sek --ccrt eee ee eee ges 86 POUNIe TOR IE LOC LrUOl LOGO] aot cans scores nen ee cs 84 MTOLAEEOU, 6 CTI U yr coc: cee teat ee Gi ee a re ea ee wk eee 86 ARTICLE XIV.—Seeds: eS Oy VG CER Bapscernys ASE 28 Seow alia ie ems eee ara eR anes Le eee Den lt. 1 ich ren cain Men Ma 88 HEA DELS PT COMINOUNO IL US op vect nate: aoe eee ee eee Be AFAR Ot npc 86 MINEC LOT AOU Cera leds SCCUes --...1...ccaereascet oe teed SER eer ares 88 PPS OC eS CO(L 2 oc ean ca entra cane ees ene ede ORE ae ER ee eas 838 PEG PLSD Re ane aie, ROD a AVM atte be fecraten Eiht a maa a ae es oe ee een 86 POU AICS a teres oe rare ee Tee ener) WR Tee, 7 Rak Re Ae Acne ae 90 SCC ILALY SIG tye eee ee rele ya lacey ee! ee i OS ee 87 et PSN URO UZ NGO 2G] POM GARR OY ay Apne eteg ten JBL Ch ae! ne Mn ker he WAAR BER 6B fee Sav ced Sik SOR eee ae 89 Dir elige NOUR a DOIiCAD Gat rece. eter ees ee Rd ee det ca 88 ARTICLE XV.—Commercial Feeding Stuffs: PEGA Vie Lt eee Ok ee er eee en APR Cre, oe tL oS ee kee cee ee 92 GoOmMVerCias a COCOMOCTIT CC Cw rr ea ee Be ees 90 InSPection 2... 2.2.ccccheceic seen tna cesenw cn nersenonent cugelaccsee=ad stat a 91 Name, weight; manufacture, \ete.....2-40...- 0... 90 Purchaser may have.analysis....2..--. oe 92 Sample to commissioner.......2c2. ec crcecsen ie aL Unlawitll acts \..ci..c--ccccceccieqecdoecc-cotcnnnouesdsheereseetisciesn0sansSeaee eo 92 Violation, penalty ....-....---.--.. ie eee eee 32 ARTICLE XVI.—Live Stock Remedy: Dealer to resister cccccocc.cec ccc ncscacceeecn cence nce cere nacre eee ee 93 Deceptive branding unlawful_)..2.. 2 ee 93 Diluent OF D&SCSe.....-¢-.-ce-csncn-ceecegeensnnesnnclecenceassns0aa500see eee 93 Each package to be labeled. on. 2oc. oes cei nce ecenceaneree eon eee Live stock remedy defined -.-..02ooo coc. coe e cece eee 92 Violation, -pemalty ...2-:.-22..cc es ae 94 ARTICLE XVII.—Hotels and Inns: Apartment house, defined_......_22 220 95 Application blanks -....2---c:ccc-scccieceesseceeenen see nee 96 Bedding’ material,. vermin... Hotel defimed 222.022. ..ccccccencccnecuereeseee ee none eeepintseegereeeetnenene ae eaten 94 Inspection, PrOSCCUTION. —-----2 cde ee een Re te 173 Business authorized ......00-...2...-0:. ee ae 167 Cancellation of policy.............2....2..25 ee 173 Capital and assets required ........2.cc eee oe ee 162 Certificates of authority... eer a 2 oes? 160 Combination agreements. ............-... ee 167 Dividends paid from earnings... le eee 168 Domestic Co’s.—real estate -....sccccccscece eee eeeec cent cee 163 Domestic Co’s.—securities * ___....-...:. Se 164 False statement in application.......0 2.0322 170 Identity of names.........0..:04...-./0s- 173 False statement aS to ASSES .o..cicccececccteeecseeen-csenceeee eee 168 Insurance action™....20: = 3 eee ee 173 Insurance applied -.......22.c2.2eccl cee 171 INSUPANCE COMPANIES .ococcccscnccecccccncceceneenucdsiceedeatasl- gece eee 162 Insurance effected ....2.2 ie eee 172 Insurance intended 2....2 22. cckccecctccecce teeceeneseseece ene 172 Insurance placed through agents.......0...020 1.1... 168 Insurance tO agent 4.20.00) ee ee ee 172 LOSSES,. CEPOSIES oe... noes eke accent tee eee on 165 Name of company on.policy.........2. eee 160 Penalty for Violation ®..20.c2500nnccccecccendeceicceececee eee a2 Policy fee forbidden > .2u2222. 00 ee eee 172 Policy issued in name of party.......2.4...2 eee 160 Policy provisions voided.2........2..01.0.. 22 = ee 167 Policy. subject to inspection......0...0.00.. ee Preliminary requirements.......25.003.. eee 161 Revocation® of license... ee, eee 170 Salaries; oficers.c. te Ae eee A ee eee 166 Surrender values prohibited... eee 174 Unincorporated mutuals excepted._.0.2.223..2 eee 174 Value. of policyic.3 ieee Ae ee eee 173 —447— WOUCKers TOL OX Pelitures: ) ee ewer ie eee ee 166 VW Seah yeOLs VOLS ont Sree eee er eee re emenene OAN A cot 167 Who governed by law..............-.- er ee ee 163 ARTICLE V.—Kinds of Insurance—Organization: ATIONIUMIG tecOlor al CICTOS cece ee ea oer ee a ger” 185 RONHCARIONPOLET COULT ENN OTE Stet ore ee eee ee eee oP 181 Atticles ote Mutual Companies. 2 ee ree ee 179 ROACH * OT MANPOCGCOT Ciera. mera ret crt me ees et RC Catena de AE 178 CADICA Ore S COGIC y CONN PET) Versace eres epee ae ren oe cee 179 GISesWole lieurance aulhnorizede ane Slee eee 177 SACOLNOLALION SOLS COM DA IMIC Sees ect ee eee ee ce eo gcc 178 SIENA TCE SCLASSINGG oc ees ere oe Ea Cet eC eye ce eee ee 175 BATA DLN ESADL? IN COE DOVER COTS 25 cease ee eee eee nec e ee 181 PTC a Ore ATtiel Os... 6 )2e. — feeacce teen ee ee ete Ra ee 179 DAS SAITO Le. TAR en! Rene hep: Ser ees Peete Soe 18) Piva CaS minay DOLrow Mmoney.2-. ee ee 179 PUI Der Ole pOIecies -TOQUinred:)..0%, 50 re See se ee 180 fabio US ya EAU gi aed A 8) poles See Pane hey A nthe oa Ue ENE Aa Ce EA, 177 Reinsurance orrcousOlcation: 2 2 ee cncccs eae 181 ARTICLE VI.—Reserves: eS ak RN ee aro ps entenace dec satenbcocee btndtactns exe 187 UIST ga LESTE. 120 8 Ton! Cy (RR ec it A BR ee 188 Joes cys) 0 TS 1 i aaa a Eke) AR Ae OME eee 189 PEE PS Ee SPS EA Sa See a a i ETE 187 Reserve--accwent une health 2... ee 188 aie a eet COM PANICS oS 193 When actual premium less than net premium...........0............... 194 ARTICLE VII.—Standard Provisions: DEEDS ng ep cas Sx wees i pe ll el Ren lina eA A ol LE Re bee a AR. 203 TOUICY———COTICO TLS CE LLENY Conoco owes te Setanta eh sak eeas weecue tad rien adh Tried CONCCIVERS (11S Oxegen cee oka er de eee soe enn eh 194 POUCY “COMI DILIODR S—— LILO Ro ere ee ne ore eee eta nsecae 199 Bie BEGLLE Vin OE oO LIC LOB testes ce ope eect ters ae ee meer Eee tsar asec 208 Wyintapolley may contain me tur men Meee Ween wee en VAN ae ARTICLE VII.—Fire Companies: Auster tLOcrepOrteViOlaLlONS ae eee gee tae. eae 204 Reta rauvee Sui DUS at ULI oer Geek fe en etc, ast ante 205 Vl BE Seu yb dale UG) ene ony | BRU ie nai Era otcaet ASOT Pepe 1 Ren DRM st ons Bee eee 204 ie GMI NREAICE: GO LUA LL IGS neta ee erences an ee ee ea ary cae hee ta 204 CFPEPATN SUT AIIOG! ATLA WiLL Epc ep ate te lg eae ay ene ee pect ca edd ee onal 203 © TEEN TRV NG UE ep NMR I 9 Pe DARE Sa ER Mee aloe rte eh TAL oath: uo nae ota ar oe more eee 204 VBA W ee FTE CY at AVE NEN ANG {Bs SP Satie Sika Cee peor a nel AVE ot ee Gems ee Oe oe Nae vninne ED 207 Une A) CU CPARONONS OF ha Rip tet Gat) ee Clea 22 Cot ie ame hue A ai i a Sliecae aie ioe een 205 ARTICLE IX.—Health and Accident: MeCCUIIULAMONS to. eee MAAS ce ey SE Le Insurance without; insured consenting.....2cc..:.2 ets cec--c ee 210 —448— Medical examination required. ....-...-..-2<---.-.ccss-!<-10-000s cee 210 Policy’ binding on COMpany.....--.--..55-c2.s.500c2-pcce-cteve secs 210 Separate department required -........2.c.-22c.-0pesendhens--a<-e --o 212 Who shall sign policies.:.-......--2i.1 ee 210 ARTICLE X.—Assessment Associations: Arbitration oie am ee 215 Company may DOrrow-.s..-224 <5 set 214 Conditions precedent to doing business ....__._._._.-..--222--.2ee--e-bese-noee 216 Department COmtrO| 9. eee. ccs aoe cre 216 Failure to ‘perform duty. o2-2 joie cteene epee 214 Hail ASSOCIATIONS’ ....--.-2---cc-nececesstsaenescemnes sae aoe ees eee 215 How assessments determined --..-a. cic ee ao ceee eee 213 Notice Of LOGS 2..-..220-2:20-20ececeseus-cucessseneacnngs-0e=- epee ioe ee 214 Physicians and sSurgeoOns......-----2.<..-ssdeseccoteetestce) er 216 Policy f@e. 22.2205.) ee ee Ee 214 Special requirements .....................--- aud angapee=acadetopeiecease ale SUItS i... n.ecbicncsececeedace cent acecn coneaate des epeetaee eee ean 214 Time Certificates ~.2....-.-.2.--a.cessonsencoe deen seemeeeeenh ene ae ae 215 When assessments begin...........c 222 ee 213 Withdrawal | -21.--222c.20--2ccec. ooo 214 ARTICLE XI.—Miscellaneous Provisions: AMNUILY, AMOUNE .......n.cc1-ne cae ns- cba cep 220 A PMCAIS upon ano ancceceneet enn) casein scedeectee ees eee ee Zan Assessment, life associations:...-.2..32oseseeeee ee yoo AN Department certify rates --........-2..2i0e ee 220 Department to fix chargeS.2.....2.204023 220) Bindorsement ON. PoOliCyen.n-22..cnccnnncnnecceecenesnaenene-nieeeeeeeee ee eee 216 TEXEMPTIONS © ooo. ccue2sse ht. eee a Fahd Extorting great rate cic. .scc2cceccck cic eiceen cee keene 221 FOreign COMPANieS 22-2... 22. ecseecseceeetecee ees pee 21 F'OTM. APPLOVe 2c... 2.2--2020ccecicece sacs conceectaencnoaantbsesbde eee 217 General Pemalty coo. cccccccccccnceceecec eee cece eee ote Immediate disposal of notes ........--220:0.-s ee 222 Interstate reciprocity .c2...22./.c. eee 220 LICENSE TOVOKC 2. .22-nce-cccccccetccecees ckewecnn ie uce cote 219 Meaning of preceding sections..........:..0200..-4..... ee 219 Misrepresentation and twisting........2.0.02.0...2.......... eee 218 Persons must ‘testify... 2... 2220.22 eee 2a2 Policy payable in installments..............0......30. ee 222 Renatinesprouiolled Soke ae eee sowensnseceestaceseste yA Bs State attorneys to prosecute. ...2..-.-..----ccccccee-css---s ee 219 ARTICLE XII.—Fraternal Insurance: Additional powers. _..2-.0. SS a eee 233 P0125 11 i; epee Re Mie ae Ra ANE ES PME ee 230 Annual, TEpOLiE 2223s ee ee 229 Attorney for service Of ProCesS oo sc..eiciceccteeeest es ss 229 PRYOR DICH) fs chs SR CMe reat, Ma eA te Niet en a Cee rh. vain 1s a ee Ae 226 PFRIO TEE Sr GAL WOO 8 t.0 tens to tance eater ehete ane eee eee ee ere ee 227 ST Sna eS Th hod M0 Ta 6 Me cheat ueuliiieaee ice ai te dae eA ld ae ep ad Zo arny Wel Bee ae ee 226 Benenisanot liavle to: attachirent2 s-35. panera ee 228 EEO SOL ICE OLE eect ervects incon encore eae cen Me Ge, a eee ee ee 2A oA COTISELU toga) BV-La WS: leG en ee 2 ee tea ee, Serres ti 233 (SONG. DatLOR Dy ASSOCIA LO Des ioe at nee cere as 235 POS DATUM CNS MD CLIN US gece Ree tte ecy Nem ooee eaten en eee LN oe 229 BOOTUM HE TORS CCIE LULOS 55x. secs fete Cetence nek ecticatnieh acca weet eee 232 PUxeusA LIOMPe ATG COI lliCAlOR. age een ee we 228 MEET) Cote LE CITUG ECD WSR ego nescence ete etree eae ee cap eee 227 EPrALervial sDeNeUCIAL! ASSOGIALION cc. cng e.g ee ee ee 224 Prateriamo0enenclary. aSSOCIAUIONS ccc... seers ele ee ee raise PV Ocernaleensirance. Childreil:c. -. sce toe aa ee 22 Pe Ce Meek GENT ALIO Uk. a: rere Stee ee a ee ee 231 ECOL e SPOL UO VENTIN2 | DOG Y cedevece ne wancatterase anew age cee 230 PNY MOTEE Ga nee A ee ome LED) Go, ee ce rn ta 2 rece sas nn cSvg eet o oes da a ae 227 RSE aM COD 1) ORIN) tn oc ae Bie an wc ss wae ceoacbcav i weceasclunssosddiusicsceouseds Zod CIDE USI OOPCEE 9 117 a Mat ARR an deo ite ae 2S NG PR cee Se, 231 HERG CEEN Widen oS gs. 5g AR ad Ried da a Os RRR ae Se aeRO Ae 235 PS IB OC PE ree oe occa as ssnecnceee eontlontonecavandateiecccenacsodeasetceuneds 228 Regulations-ftor payment of benefits... o.oo cece eens 225 ape a Cee Pe UR eet ome ICL OLY ooo ooe a ots nn wsccnn nec onevedenscevalenaenedenenctcoaudaedectacen 230 Se cet stl are |i ee eect can ES on eee ee ee 235 PIOCIETIOS PE ROIUCEEEITOIN SUAEC ooo. occ ck toc ok fh ecgeevecacececcaatceccnesacdeesede 230 ip QUEM GOUT! | 0 Ae AE a es Aa es eA CUR eo ee Se 231 ARTICLE XIII.—Employers’ Liability: : Jet CDA SaaS a A < te 5S ke eee ee en ee EA USeOON or Aeaeere er, Zot ‘Articles. approval, record, publications. ....cc2--ccc cate coe 236 JERUSALEM, Fass ey SUR Reiecred er gu ee ae eRe Bet eee MR gore a 240 BR ERP: EE OCCPEN Oc elo EAE oe SORE RRM, Nabgecmege Oy eee! Ser Pea RAEN er hy cheeses 237 Cela SW gd Roe ots he ok BAR AE Aree ice Ne real ae Bi ee amen i Se Rs ae eee IE, 207 MD TICLOTIG Vaiss ee a ee ema aie aia meee nts eee Peed ea Se 241 Directors—powers and regulations. ........2....2....2-2222..cceeceeeeeeeeeeee cee 238 EVE MCRCLGT] Cl Gg core 8 ose tree serene cadence eee nen oe PURE eon cas tee ce eee ee 240 POSAIIITNALION ei ICONSC Mek ot eee ern ies mene eee Oe aon Pa SOL Od. Cit DOTIALEY cp. cecco ot tenet a gee wee Seer eae eee Pete ee i oe +3 240 Lae EVO LIT CT Es ote eae oe eaten eget oe a ee es oe 241 EE OLL TI Se Be a ae a cM Set he a een os on San en oy ce cceee ancar Scorn fon 240 TRCOLDOPALIONMATUICICS oor oe ene ee ere np ae ee ae 236 Lie RAL CAA EAL SS 0 He Onion et es S Bit aise ots reece eer ce a hs SRI RSE EIY. Aerts A 242 EON ere ance ee cg a aoa grace wade Gan iny a buegecuueeneneenecas 238 PEA PSN TGS ABOU TSR

2): te oe ee ee Bw é Records to (be -kept-...3. ei ee ee OOT Violation, spenalty. .2 sae see wl egy ie oe 358 —457— Division 11.—Placing Dependent and Delinquent Children. Pee OPTESTS Cos O8 ot ak Ua Wes) 0 laphaeie ain a Se Rn ae ROI eae Ae Ad Op aa ci ee ODO DepavcrvenemleOs Visit sCUIGTO Ties ee en ee ee ee 359 Dependent and GeliINguenits CNN Are sete eee een 308 BHeHeNUeHieCHILATeN TE6COTd 2... 3 te et ee ee ee 358 Maoterue aepengent Children: 5 6 ticks et nee ne eect 359 PL ORC emrOL ONS LOU LAT 1 pen ame ar i ery, Je ee eee ee eee 358 VEEOUATLO Ws DCT) 11 CY cere soe rae see eee? ls oe ae eee eed ang Division 12.—Public Charities and Corrections. RR ere Ue Ve OT Vote. cz ee ete ae dae ye Wee Be eee ee 359 Division 13.—Pardons and Paroles. Department to be informed regarding convicts........2..00...0.222.---- 360 Department to recommend discharge ..-00..2....000....i eee te eeeee scene 362 Meee RiWil APormB CLE NGO. css c coo. cicnccscelevalacal les ct ens teees 2a hee 360 EPecovistolmrGm@oomvier Ol Ciscnarze@.c 6 .. 0.5 les folie oka sheceecccseconce conten’ 362 Wiles Or foverninent. Of GEepartMent...... 2. clean ee 361 Bey tee Wa Mem re eee cen eked tao a vtcccncccpezencuccceetes onanvoxdacenenee 363 Division 14.—Hmbalmers and Dead Bodies: Oa eh es ee Oa oc ciara eve cadedecanecacenccaseavacnusderedauncesnutes 364 By 1) ET TMI OL LC. 5. nce 2e ct enna eennncusece-ocneseousuecncusueccncpecnesanae 365 Mer aera VCSEL 0 neck cceeceec see cetenecicees 366 Dead?) WOUles ree nO) CEDATTMENt... enc eee enero 365 TOS UIT ere TIE TY DOCTOR, 6. .cn-cccccccsecnnuonencengecneceedeesncecenenlan - 365 Dyer ebay a std eh geal: 5 dk ora 0 hol: eee a 365 POC Or sO Cr COO SC eo oon an ccpuacauucuctsancinveeponecsnenpaseeraesnascnuee 365 License—issuance, filing, register, feeS$.-.-.... 2. 364 License required, application and examination............000.0000...... 363 Penalty OF a Vila ts Ole ee ere ee 364 WCET REVS cg sea cotta aed ces Je cate 0 i 2 iy A Ae I Ie el to 366 Division 15.—Veterinary and Medicine. eruiicave: ise UalCema lle: TLL im ttre reese soe coe onacvaneovosieceuead 368 Mxaminallomeands@erinca teal Geg.ee. 2A cok ite Seek sancecs 368 PCC Se OC Wile Ciera ee er ee aga ead ie Bi (367 MeyvOCa Wins OLpCORASGHt Gs. 2 et ce oe ee e ieatncceant none: 368 AOL OTe LOD Ciel tyre tence) wet tet ee Sef S ee bP ace 368 Division 16.—Chiropody. APDlICationsin Oller sta tes—feGgi i. t5 toe rE cectee even daveves 370 Peele Ole Dir OPO Chis ee ee = meee ee) ee te aa ae 369 CHITODOGUTOrS OG IALIVe GCLINC CS ee atari evee tances DOS WIOMES LICR LCCNIO., LOC eee te atte ee ee i Me 370 ELGG ene Att) Catena Oe ey ee Me ok ee ce eee cae 370 OitL eMOCAHONnTOlLuIICONRG se mere eens ie be Se aS SNC ea see ae —458— Unlawful: practice, penalty -2..0 2.22) 2. Ae 370 Unlawful to practice without registration......-.....220........2.s:ceeseeeee 369 Division 17.—Venereal Diseases. Dangerous ‘CISC ASES | ene oe lA ceneesameene cad cocesecnepoecasssaeee bee eeen aaa 371 Power of department to make rule$...-0022. 2.2.2.2... ee eeeneeenneececnneeee 371 Violation’ and penalty nc. co.cc ee aatesce enna hence cede eee 371 Division 18. Vested rithts 20.3 371 DEPARTMENT OF PUBLIC WORKS— ARTICLE I.—General Powers: , Department takes place of Board of Irrigation.......................... on Department to be Superintendent of Instruction........................ 372 State Engineer 2.202254 ee oie ARTICLE II.—State Highway: AAvertising®. SIS fui ccnce eeeeec epee cn ee 383 Careless operation Motor Vehicles, penalty.............2.........-sse--e-00 383 Certified statement to be filed... eee 389 Close. highways to traffic for repairs...24.-0 2 eee 380 Detours © ccc cabecelidecastcncadiesccaaabe dosh ietceecaust ena ea 380 Deviations and changes made........{ 20 ee 378 Emergency cash trust fund.....2-0..2.22. eee 381 Highways established ......c. ccc sete. ncceccansocesesuesss-eencteeeees 372 Improvements to be made by counties... ele eeeeeeeeeeeeees 378 Payment to county fof maintenance..........1. eee 379 Procedure when county fails to improve..............00.222..2-------0----- 379 Project district ...2042000 fue ee 381 Revocation, alteration and Widening........... 22... eeeeeeeeeeeeeeedenee eee 378 Road material, how purchased, condemnation.............-----.--s-0--+- 384 Rules and regulations made by department........0.0..0222000222---eeeee 382 State Highway fund................. alilesy ll a Giese Rl eS er 380 Unlawful Motor Vehicles on Highway, penalty..................00..2... 382 ARTICLE III.—State Aid Bridges: Bridges, maintenance, cost and inspection ...........0....00..00..-----00- 386 Bridge: plan. 2.2 403.05).Jdiesn eee 386 Contracts, how. let.) elk ee 386 Contracts, notice’ and bids... eee 385 County board apply for aid...) oe ee eee 384 General supervision 2.222.000 2S ee eee 384 Physical valuation by Railway commisSion............2..2..ceccecceceeee-eeee 387 ARTICLE IV.—Motor Vehicles: Application for registrations... eee 387 Assignment: of registration..2.2) 2 we eee 391 LOSER ETN N oe 2) OAR bai OLE COLE) 8 Rapa iain s BL FSR ER J. La pe ee Mle 390 ELUIICALe OL CT CLISUr EA CLO Te ee a ae eae ea ee hans Set eae ea taccconse 389 POllisiomeGQucy OL PeCrSON” CAUSING 2 cee tenes cece eae cceerce se oten dene 398 PIGTIEIUIOO ROLE LOLS fone oie rae fokate tad eny senennaer cise cane oh teeeesteccds eebeecciatercunans 387 PERE CD UIDI emer eee ea see Ee ire ne ee eee mae oS 899 PTA POOU MULE COS) B10 Lie 0 CN res tenes ce eco stectee cc seeee hae ttre ee Seca sabae 399 EEE OER w CRY Ree, JL on, ale RA a ge Sop al eal i ee elk Mh ean 396 Minors, or intoxicated persons.) 2-...3200. Jo ee 397 EE POU UTR TIS Ol ior re een eta eget ee ee 392 Mm PEDELD SQUAT) 52 meres eta re can rede tat ease tee Leta eneyertnaeeee 388 teeter LeStiir NiShGQ eo se oo ke eee ce ee eee 388 PO Ie OUMOCR IS A UCTIOLTUIOS oo otet eset oe eee stgcetaas tance edocs son mene ee 396 PAGAL ION OTs ICOE TINGE COB.) ericerest sees tesactechome cots crtao note iasineussetenent 400 eR peeeE CAO Cae ee eee LOT a eee es ee acer cesaua 388 LETS Ct 20 2 PE, SEIS ie ote a ee eRe are iat et See ome meen 387 Regent rauion anecred DY tFANSFer oon kee escncecnnicaincessene 390 Registration by manufacturers and dealerS...................2..ce2---0e0-+- 394 Registration certificate for replacement.............222022222222--2ceeeeeeeeee 391 VRE Ro ret) 58 5000p. IR AIRE ts lc a Ee elt 392 DMT Ce Mat han 8. |) ee es 389 Be et Waco cha sete ao eee oaeed oe -nanesicnssonataUoasatecsnonscwaubcsesaneeceuecs 397 tO HI Wave LEG ADDFODTialiONl...............0c..c.0c-cccscensnenceoreces sure 394 ida abmen ets CEG 0s 0s 0 Sie) RG C0), 5 rc er he 398 RT EWE Uy Em OS MRE Og 2st co sooo co oo hoc ec cache ccove loca eonvsacncuecenacecscespen 395-396 ORE FO) UE am eR oe co den cesuckcueideectraddecceseanciocqunsentteduceteunteose 399 ARTICLE V.—Irrigation and Water Power: Division 1.—General Provisions. pateeeateh py Crop ofa) ff Opa Sick (oye Rae ak, eR Sinem ie) eran nnn Wmcremiee ee RC REN Soviet Aart 402 PARLE Or CHER BIDE BEV yew tte eee eee arte cece ate cee e e on eel uae 401 PEO ICA TION LOL WALET) COs DIPDIIG : UB Cocos decccenpctacdeoacsrcecencecappatecstcbcvania 400 1 GON Va Tee og fed SPST Os ree PS A EES RLM le ae A IO BS pA esses ods Le 401 ET A eof Ba rca) P41 Oe ACMA rede cd eat wipe p ie obits Hoel LC Sine ORL See Rt ee BR ene nee Si 401 WEPISATIONS CANAL GOTO Cog teks tear pe eect caddnl nash eotebedodeeoteeneaice 401 MAM A CLOTI SWOT Bak Cree ee ered ance Seca vcr wat none epite wadtnoeaeeaat ere EES 402 Nov land with more: than’ one’ ditch: 2.2 tee ee 401 PHEW CRE goenie ns nike tsthr lata Pateaatenlel tee: Meant 5. TAREE, odie le ith fn Laie aes aie Saran 403 EE SIE fy Mecano By bee 25 RR EA ai ln A tS ee ea MRR ele $l veadesiak a at 402 Or CREA e TIE TOT 5 eter Sere ter a eo eee eat ee ay 401 iit eee Lay Big Pop CO 0) obi, ett ko eB SURI ple Ce Sencha dN ranlls et ec are cliananel ARR a 402 WV ALOT eLOr irri Ma clOily MACUTAL, Wadi Cc eee oc eka te scde oped tea tmericccannss 400 Water tolupe returned to streaie 3 ee eee 401 Division 2.—General Powers. POU IUIODALE AD DE ODT ID CLO cosas te ance cccens eno, op tee eo ed dent ee a 414 PA CIUCICA LION MOLEWaALer clin (Src os ee Sek ta 404 —460- Appeal from determination of department.....................:::scceeeeeee 409 Appropriation, water, application, allowance....................------------ 410 Approval ‘of application 222: ee {tot cc encanta eg 41h. Approval, plat: OF Wa poi) l ki css ec Beker eng 412 Certificate. of adjudication <.:/2.2_....2........2..2. 407 Certificate of appropriation 252ii2-..ccecncob ons: leeencpee ee 412 Dam, TOSCLVOIL scp cccawca-lececonctovcsealabonsucecbnt ode pevcdage desea const eee 414 Department to. replaces. ciel 403 District_ commissioner 22.0000. 203.0 ee 413 Division superintendents —. icc sie cnnngeteoon++vansrsaet eee ee 403 Drainage plans, approvVal...cic ce ane dae 414 Worfeiture of “rights ...02. 20 2i.c. 200d: dec eases toca steece dello ec 404 Headgates in measuring devices---.-.c....-....-<::icc--s-spseceee eee 413 Measurement of water in streams........---:....) 4.5 404 Measurement: WeiPrs © 222... 5.20. 52 sc-cnccccecsce sn dcessnnsungpeceaesueee aaa 415 Priority and amount. of appropriation... +.) Poet 406 Prosecution. Of GCONStrucCtion css oececeeee ese pee 407 Refusal of applications..........:.2.42n gee 411 Record of adjudications..................:2see ne 406 Report of: department ...2.c2.... 22.5.1 2 ee 403 Standard measurements 2.......-.cscccccssceeceaessncesesrseereeesteee ee 412 State .board of irrigation, jurisdiction: ..4......0.....0eeeee 408 SUPPACE ook vccneisiecoccncsivwestneccesiieeceondu nang tdi eeatay Eee ae ee 414 Water districts, commissioner...........s2ccescce epee 413 Division 3.—Construction and Operation. Conducting into and from natural streams....................- le 417 Contract for use of Water. .....2..ccses Stocco te 424 Construction through private property.............1....) see 419 Corporations, assessments, enforcemenNt...........0222...02-.2eeeeeeeeeeeeee 424 Debts, bonds and mortgages of corporation.......... ce 424 Ditches, highways, duties’ of owner:........0..:.......-2.. ee 422 Ditches, works of internal improvement..........................:ceeeeneene 415 Embankments, return of unused wate?Y.............2220....22.-cceeeeeeeeeeeeeee 423 Hxemption from taxation... oooocno. ccc cist cece csoce,eeeue 424 How lease; duty. of, OWMNCY.. 0.2. ccccecocscesnsencceeuades «esate 419 Duty of persons takin& Water. ..c..2ciccecccce0ce-o-ceecd--ees--ce- se 420 Interfering with closed water workS.-...........-:.-<-.c-----:0.-.2ss ee 418 Irrigation stock subscription books..-.......-.--2..::::.:0--:..05 eee 426 Management. of ditches... 202 occ.cc.leccctecg ene occenen-eoececsse eee 418 May change place of diversions... 0) en 417 Mutual irrigation compamiesi ico. scice ooo oie eaenetne-----12 424 Neglecting and preventing delivery..............:......-........=ee 422 Overflow On roadie .ae ee ee foneenvadivnsesy-5¢-¥ la 423 Petition, procedures ee 416 Reservoir .2....a okie eee ee ee 421 —461- Perrine OLPCIIIIVOILL & COTMAIIL pareve ccc see cee ee oe ences Sao seu Tucan hienirorway. tor irrigation laterals... 2 oo ae Righiieo.awayato federal’ -2ZOVeErnmenta